S.Assuntha v. The State Government

W.P.No.38930 of 201 and M.P.No.1 of 2015 G.K.ILANTHIRAIYAN, J.

This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.

2. The learned counsel appearing for the petitioner requested to mention about the interest for gratuity in Paragraph No.5 of the order dated 26.07.2023. Hence, he prayed for suitable directions.

3. Considering the submission made by the learned counsel appearing for the petitioner, this petition is clarified and Paragraph No.5 in the order dated 26.07.2023 in W.P.No.38930 of 2015 shall read as follows:- "5.

However, she is not entitled for backwages from the date of her relieving i.e. from 02.06.1997 to 12.10.2000. Therefore, the fourth respondent rightly rejected the request for approval submitted by the sixth respondent Management and this Court finds no infirmity or illegality in the order impugned in this petition. However, the petitioner is entitled for her terminal benefits and pensionary benefits in lieu of her retirement from service. Accordingly, the seventh respondent is directed to pass appropriate order to grant terminal benefits and pensionary benefits (including gratuity and pension benefits) as per the proposal sent by the fifth respondent management, within a period of twelve weeks from

the date of receipt of copy of this order. It is made clear that the petitioner's service has to be calculated from 11.06.1984 to 12.10.2000 for the purpose of calculating her terminal benefits and pensionary benefits. If she is entitled for the above said claim, she is also entitled for the interest at the rate of 12% for gratuity alone. Insofar as other benefits, she is entitled for interest in accordance with law."

4. Registry is directed to correct the order dated 26.07.2023 in W.P.No.38930 of 2015, as above and issue order copy afresh. 26.09.2023 mn G.K.ILANTHIRAIYAN, J.

mn 26.09.2023