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Madras High CourtWP/13645/2021disposed of

E.Gunasekaran v. The General Manager

2021-07-02Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR Writ Petition No.13645 of 2021

1. E.Gunasekaran S/o.Ethirajalu

2. K.Navaneethan S/o.Kesavan

3. M.Krishnan S/o.Manickam

4. T.Rathakrishnan S/o.Thanabal

5. N.Arumugan S/o.Natarajan

6. Ilanthiraian S/o.Kalvarayan

...Petitioners

Versus

1. The General Manager (Administration) Gratuity Trust Fund, Tamil Nadu Civil Supply Corporation Ltd., Head Office, Kilpauk, Chennai - 10.

2. The Regional Manager, Tamil Nadu Civil Supply Corporation Ltd., Regional Office, Vellore.

3. The Regional Manager, Tamil Nadu Civil Supply Corporation Ltd., Regional Office, Villupuram.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the petitioners' representations dated 20.04.2021 submitted to the respondents in the light of the

circular dated 19.05.2014 and disburse the interest at 12% per annum for gratuity amount from the date on which the amount become due.

For Petitioners : Mr.P.Tamilavel For Respondents : Mr.R.Neelakandan Government Advocate O R D E R With the consent of both parties, this matter is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to issue a Writ of Mandamus directing the respondents to consider the petitioners' representation dated 20.04.2021 submitted to the respondents in the light of the circular dated 19.05.2014 and disburse the interest at 12% per annum for gratuity amount from the date on which the amount become due.

3. Learned counsel appearing for the petitioners submitted that the grievance of the petitioners is that they are entitled to interest at 12% p.a. for the delayed payment of gratuity. It is further stated that the persons, who are similarly placed, were given the benefit of interest and hence, the petitioners are also entitled to interest.

4. Learned counsel appearing for the petitioners submitted that the petitioners will be satisfied if a direction is issued to the first respondent to consider the petitioners' representation dated 20.04.2021 and pass orders on merits and in accordance with law within a time stipulated by this Court.

5. Having regard to the limited scope of the prayer that is now sought by the petitioners' counsel, without expressing any opinion on the merits of the petitioners' representation, this writ petition is disposed of with a direction to the first respondent to consider the petitioners' representation dated 20.04.2021 and pass orders on merits and in accordance with law within a period of ten weeks from the date of receipt of a copy of this order. No costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar

gm To

1. The General Manager (Administration) Gratuity Trust Fund, Tamil Nadu Civil Supply Corporation Ltd., Head Office, Kilpauk, Chennai - 10.

2. The Regional Manager, Tamil Nadu Civil Supply Corporation Ltd., Regional Office, Vellore.

3. The Regional Manager, Tamil Nadu Civil Supply Corporation Ltd., Regional Office, Villupuram.

Writ Petition No.13645 of 2021 PMK(CO) SP(20/07/2021)