Munisamy v. The General Manager (Administration)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No. 13344 of 2019 1.Munisamy, S/o Kundappan, 3/577, Genur Vilalge, Nedumaruthi Post, Krishnagiri Taluk & District, Pin code 635 115.
2. R.Jayapraksham S/o Raja Manikam, No.49/16A, Veerappa nagar 4th cross, Krishnafiri Disttrict.
Pincode 635 001.
3. G.Ravindran, S/o Gururajan, MIG 613, Alagu-2k, New Housing Board, Krishnagiri District, Pincode 635 001.
4. N.Seenan, S/o Narayanan, No.244, Valluvar Nagar (Near Collector) Dharmapuri 636 705.
...
Petitioners Vs.
1. The General Manager (Administration) 1/6
No.12, Thambusamy Road,, Kilpauk, Chennai 600 010.
2.The Managing Director, No.12, Thambusamy Road, Kilpauk, Chennai 600 010.
3.The Regional Manager, Tamilnadu Civil Supplies Corporation Ltd, Dharmapuri Region, Dharmapuri.
4.The Regional Manager, Tamilnadu Civil Supplies Corporation Ltd, Chennai Bye Pass Road, Godown Complex, Krishnagiri.
...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing 1 to 4th respondents to consider the representation dated on 13.11.2018, 15.11.2018 and 28.02.2019 made by the petitioners before the respondents in the light of the circular dated 19.05.2014 and disburse the gratuity amount with interest at 12% per annum from the date on which the amount become due. 2/6
For Petitioner : Mr.P.Tamilavel For Respondents : Mr.C.Selvaraj Standing counsel for TNCSC for RR1 to 4
ORDER
The petitioners have filed this petition seeking direction to consider the various representations of the petitioner made to the respondents in light of the circular dated 19.05.2014 and disburse the gratuity amount with interest at the rate of 12% per annum from the date on which the amount becomes due and pass further orders.
2. Heard Mr.P.Tamilavel, learned counsel for the petitioners, and Mr. C.Selvaraj, learned standing counsel for the respondents, and perused the materials available on record.
3. The learned counsel for the petitioners submitted that the gratuity of the petitioners has already been settled and all the dues have been paid. In such case, the petitioners' claim can be only with regard to the interest point. 3/6
4. The learned standing counsel for the respondents submitted that the petitioners are trainees and there is no automatic entitlement for gratuity. However, the court considered the situation of the petitioners on a compassionate manner and allowed them to get gratuity and that is the reason why the delay had occurred.
5. The learned counsel for the petitioners submitted that after their training period the petitioners have been absorbed as Bill clerks in the year 1987 and so it is claimed by the petitioner that they are entitled to get gratuity, and the gratuity payment has been made to them only in the year 2020.
6. In such case, it is reasonable for the respondents to consider the claim of the petitioners towards interest also and pass orders on their representations without making any further delay.
7. In view of the above stated reasons, this writ petition is disposed. The respondents are directed to consider the representation of the petitioners in light of the Payment of Gratuity Act and pass orders on merits in 4/6
accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs.
17.04.2025 Index: Yes/No Internet: Yes/No Speaking /Non-speaking order jrs To
1. The General Manager (Administration) No.12, Thambusamy Road,, Kilpauk, Chennai 600 010.
2.The Managing Director, No.12, Thambusamy Road, Kilpauk, Chennai 600 010.
3.The Regional Manager, Tamilnadu Civil Supplies Corporation Ltd, Dharmapuri Region, Dharmapuri.
4.The Regional Manager, Tamilnadu Civil Supplies Corporation Ltd, Chennai Bye Pass Road, Godown Complex, Krishnagiri.
5/6
R.N.MANJULA, J.
jrs W.P. No. 13344 of 2019 17.04.2025 6/6