Mr.Devaraj G v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN WP.No.16542 of 2021 [Video Conferencing] G. Devaraj .. Petitioner Vs
1. The Registrar, Anna University, Guindy, Chennai - 600 032.
2.The Chairman, Jeppiar Educational Trust, Rajiv Gandhi Salai, Chennai - 600 119.
3. The Principal, Jeppiar Engineering College, Chennai - 600 119.
.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 2 and 3 to settle the gratuity, due to the petitioner for the services rendered by him for more than 8 years from June 20, 2011 to September 25, 2019, forthwith together with interest for the delayed payment by considering the representation dated 26.09.2019 within a time frame.
For Petitioner :
Mr. A. Mohamed Ismail For Respondents:
Mr. L.P.Shanmugasundaram for R1 Standing Counsel Mr. Hari Radhakrishnan for R2 & R3
ORDER
1.
By consent, the writ petition is taken up for final disposal and is disposed of by this order.
2.
Mr.L.P.Shanmugasundaram, learned Standing Counsel accepts
notice on behalf of the first respondent and Mr.Hari Radhakrishnan, learned counsel, accepts notice on behalf of the respondents 2 and 3.
3.
The petitioner has filed the present writ petition seeking for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to settle the gratuity, due to the petitioner for the services rendered by him for more than 8 years from June 20, 2011 to September 25, 2019, forthwith together with interest for the delayed payment by considering the representation dated 26.09.2019 within a time frame.
4.
Heard the arguments advanced on either side.
5.
The case of the petitioner is that the petitioner was working as an Assistant Professor in the Department of Mechanical Engineering of Jeppiar Engineering College. Based on the instructions of the Department Head, the petitioner has submitted his resignation on 25.09.2019 and on 26.09.2019, he was relieved from the service and he submitted a letter to the third respondent requesting for payment of gratuity. However, the Gratuity amount has not yet been settled inspite of several representations made to the third respondent. The petitioner has submitted Form I to the third respondent on 27.10.2020 seeking payment of gratuity. Since the same has not yet been considered, the petitioner has come up before this court by filing this Writ Petition.
6.
The learned counsel for the petitioner would submit that without going into the merit of the case, it would suffice, if this Court issues direction to the respondents 2 and 3 to consider the petitioner's representation dated 26.09.2019 and to pass appropriate orders within a stipulated time frame.
7.
Considering the facts and circumstances of the case, I am inclined to issue direction to the respondents 2 and 3 to consider petitioner's representation dated 26.09.2019, on merits and in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.
8.
The Writ Petition stands disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar gv
To 1.The Registrar, Anna University, Guindy, Chennai - 600 032.
WP.No.16542 of 2021 CA(CO) CB(17/09/2021) CB(01/10/2021)