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Madras High CourtWP/10871/2026allowed

K.Subramaniyan v. The Commissioner

2026-03-25Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA and WMP No.11819 of 2026 K.Subramaniyan S/o. P.Kesava Perumal, 36 Muthuramalinga Devar Street, Rajaji Colony, Virugambakkam, Chennai 92 ..Petitioner(s) Vs

1. The Commissioner HR and CE Department, Mahathma Gandhi road, Chennai 34.

2. The Joint Commissioner/ Executive officer Arulmigu Devi Karumariamman Thiru Kovil, Tiruverkadu, Chennai 77.

..Respondent(s) PRAYER: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records in impugned order No. Na.Ka.No. 28/ 2025/ A4 dated 13.08.2025 on the file of the 2nd respondent and directing the 2nd respondents to pay interest for the belated payment of gratuity to the petitioner from 22.04.2012 to 18.09.2020 as per the Sec 45A of Tamil Nadu Pension Rules 1978 and section 7 (3) of the payment of Gratuity Act 1972.

For Petitioner(s):

Mr.R.Rajarajan For Respondent(s):

Mr.Ravichandran, AGP (HR AND CE) for R1

ORDER

The writ petition is filed for the below relief: "calling for the records in impugned order No. Na.Ka.No. 28/ 2025/ A4 dated 13.08.2025 on the file of the 2nd respondent and directing the 2nd respondents to pay interest for the belated payment of gratuity to the petitioner from 22.04.2012 to 18.09.2020 as per the Sec 45A of Tamil Nadu Pension Rules 1978 and section 7 (3) of the payment of Gratuity Act 1972.".

2. The brief facts which are culminated in the filing of this writ petition are set out below:

2.1. It is the case of the petitioner that the petitioner was working as Assistant in the second respondent temple and retired from service. The respondents settled the gratuity amount with a delay of eight years. Therefore, the respondents are legally bound to pay interest to the petitioner. Therefore, the petitioner made a representation to the respondents to pay the interest at the rate of 10% p.a., for the belated payment of the petitioner's Gratuity Amount. Since there is no response, the petitioner is before this Court.

3. Heard the learned Counsel on either side and perused the materials available on records.

4. Admittedly, the Gratuity Amount has been paid belatedly for no fault of the petitioner. Therefore, the petitioner is entitled to interest on the same. Therefore, the Writ petition is allowed as prayed for and a mandamus is issued directing the respondents to disburse the 10% interest for belated payment of Gratuity Amount within a period of one (1) month from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. No costs.

25-03-2026 Index: Yes/No Speaking/Non-speaking order ssa To 1.The Commissioner HR and CE Department, Mahathma Gandhi road, Chennai 34.

2.The Joint Commissioner/ Executive officer Arulmigu Devi Karumariamman Thiru Kovil, Tiruverkadu, Chennai 77.

P.T.ASHA, J.

ssa 25-03-2026