E.Mohan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN E.Mohan ... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 30.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, 9th Floor, EVK Sampath Maaligai, College Road, Nungambakkam, Chennai - 600 006.
3.The Assistant Commissioner/Executive Officer, Arulmigu Thiyagaraja Samy Thirukovil, Thiruvottiyur, Chennai - 19.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to immediately disburse all the terminal benefits due to the petitioner including the gratuity as well as pension as per the provisions of Tamil Nadu Hindu Religious Institution (Officers and Servants) Service Rules, 1964 and as per 1/5
the Defined Benefit Pension Scheme including arrears of pension along with interest for the delayed payments by considering the petitioner's representation dated 07.04.2025 and grant such other relief. For Petitioner : Mr.R.Rajarajan For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader *****
O R D E R
The instant writ petition has been filed with a prayer for issuing a mandamus to direct the respondents to immediately disburse all the terminal benefits due to the petitioner including the gratuity as well as pension as per the provisions of Tamil Nadu Hindu Religious Institution (Officers and Servants) Service Rules, 1964 and as per the Defined Benefit Pension Scheme including arrears of pension along with interest for the delayed payments by considering the petitioner's representation dated 07.04.2025.
2. The learned counsel for the petitioner would submit that the petitioner was appointed as Sepoy (Watchman) in the third respondent temple and he was retired on 06.01.2023, there was a delay in settling his terminal benefits. Hence, he sent a representation dated 07.04.2025, and as such, the 2/5
said representation has not been considered by the respondents.
3. The learned Special Government Pleader appearing for the respondents would submit that they would consider the petitioner's representation within a reasonable time.
4. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.
5. In such view of the matter, without going into the merits of the Writ Petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 07.04.2025 and pass order on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. No 3/5
costs.
18.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 30.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, 9th Floor, EVK Sampath Maaligai, College Road, Nungambakkam, Chennai - 600 006.
3.The Assistant Commissioner/Executive Officer, Arulmigu Thiyagaraja Samy Thirukovil, Thiruvottiyur, Chennai - 19.
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C.KUMARAPPAN, J.
jas 18.06.2025 5/5