Case Note & Summary
The petitioner, V. Mahendhiran, initially appointed as Assistant Commercial Tax Officer on 18.04.1990, was promoted over time to Deputy Commissioner of Commercial Taxes in 2010. He was subsequently placed under compulsory retirement following a charge memo. Challenging the compulsory retirement, he filed W.P.(MD).No.29383 of 2023, which was disposed on 05.04.2024 with a direction to file a Review Petition before the first respondent. He filed the Review Petition, which remains pending. He also filed Cont.P.(MD).No.612 of 2025 alleging non-compliance of the earlier order, adjourned to 28.03.2025. Meanwhile, he filed the present Writ Petition under Article 226 of the Constitution of India seeking a Mandamus directing respondents 1 and 2 to pay and settle his terminal benefits, including GPF, DCRG, pension arrears, commutation of pension, and encashment of leave, with 18% interest per annum from 28.11.2023, based on his representation dated 16.09.2024. The court noted in its order that the order of compulsory retirement had not been set aside and the review was pending, thus the petitioner technically remained under compulsory retirement. The provided text of the judgment ends without the court's final decision.
Issue of Consideration
Whether the petitioner, who is under compulsory retirement and whose review petition is pending, is entitled to terminal benefits with interest.
Case Details
2025 LawText (MAD) (03) 84
Mr.M.Dinesh for petitioner; Ms.K.Vasanthamala for R1-R4, R6, R7; Mr.T.Ravikumar for R5
1.The Government of Tamil Nadu, Rep. by its Secretary, Commercial Taxes and Registration Department; 2.The Commissioner of Commercial Taxes; 3.The Joint Commissioner (CT), Coimbatore Division; 4.The Joint Commissioner (CT), Madurai Division; 5.The Accountant General; 6.The Pay & Accounts Officer; 7.The Deputy Commissioner (CT)/ Additional State Representative, Madurai
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Nature of Litigation
Writ petition under Article 226 of Constitution of India seeking Mandamus for payment of terminal benefits.
Remedy Sought
Petitioner seeking direction to 1st and 2nd respondents to pay and settle GPF, DCRG, pension arrears, commutation of pension, encashment of leave with 18% interest from 28.11.2023.
Filing Reason
Petitioner, after compulsory retirement, claimed terminal benefits; his representation dated 16.09.2024 not acted upon, so filed writ.
Previous Decisions
W.P.(MD).No.29383 of 2023 disposed on 05.04.2024 directing petitioner to file Review Petition; Review Petition filed and pending; Cont.P.(MD).No.612 of 2025 filed alleging non-compliance, pending and adjourned to 28.03.2025.
Issues
Whether the petitioner, who is under compulsory retirement and whose review petition is pending, is entitled to terminal benefits with interest.
Judgment Excerpts
It is thus seen that an order of compulsory retirement had been passed against the petitioner. Challenging the compulsory retirement he had filed W.P.(MD) No.29383 of 2023. The order of compulsory retirement had not been set aside by the Madurai Bench. On the other hand, the petitioner was only given a small window to file a review petition before the 1st respondent. He had also filed the review. Final orders have not yet been passed. The petitioner technically is still under the compulsory retirement.
the petitioner now claims that the terminal benefits namely, GPF, DCRG, pension arrears, commutation of pension and encashment of leave
Procedural History
Petitioner appointed as Asst. Commercial Tax Officer on 18.04.1990, promoted through ranks, finally as Deputy Commissioner of Commercial Taxes in 2010. Issued charge memo and placed under compulsory retirement. Petitioner filed W.P.(MD).No.29383 of 2023 challenging compulsory retirement, which was disposed on 05.04.2024 directing petitioner to file Review Petition before 1st respondent. Review Petition filed and pending. Petitioner also filed Cont.P.(MD).No.612 of 2025 alleging non-compliance of earlier order, pending and adjourned to 28.03.2025. Present writ petition filed seeking terminal benefits.
Acts & Sections
- Constitution of India: Article 226
