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Madras High CourtWP/10012/2025disposed of

N.Kanniappan v. The Secretary To Government

2025-03-24Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.10012 of 2025 N.Kanniappan .. Petitioner Vs.

1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.

2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

3.The Zonal Officer, Zone - 9, Nungambakkam, Chennai - 600 034.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to pay gratuity the petitioner along with 24% interest. For Petitioner .. Mr.N.Beulah John Selvaraj For R1 .. Mr.C.Selvaraj, AGP For R2 & R3 .. Mr.D.B.R.Prabhu, Standing Counsel

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the 2nd respondent to pay the gratuity amount to the petitioner together with interest at 24% within a specified time. 2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner had been appointed as Malaria employee under the 2nd respondent on daily wages in the year 1996. Thereafter, the petitioner services were regularized only on 28.02.2006. The petitioner was brought under the Contributory Pension Scheme. If the Government order in G.O.Ms.No.125 dated 27.05.1999 had been implemented without delay, the petitioner would have been brought under the old pension scheme. The petitioner filed W.P.No.4229 of 2025 seeking regularization on and from 01.11.2000. The said writ petition is still pending. The petitioner had retired on attaining the age of superannuation on 31.08.2024. The petitioner had given a representation on 03.02.2025 seeking payment of gratuity. 3.A direction is given to the 2nd respondent to examine the service

register of the petitioner and examine the gratuity amount payable to the petitioner and pay the same within a period of two months from the date of receipt of a copy of this order. If there is a delay in the payment, the 2nd respondents must pay the interest at the rate specified in the gratuity Act, from the date of retirement till the date of actual disbursement. 4.With the above observations, this Writ Petition stands disposed of. No costs.

24.03.2025 Index:Yes/No Internet:Yes/No smv To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.

2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

3.The Zonal Officer, Zone - 9, Nungambakkam, Chennai - 600 034.

C.V.KARTHIKEYAN,J.

smv W.P.No.10012 of 2025 24.03.2025