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Madras High CourtWP/46372/2025disposed of with direction

R.Pandaian v. The State Of Tamilnadu

2025-12-02Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI R.Pandaian Petitioner(s) Vs

1. The State of Tamilnadu Rep By its Principal Secretary to Government, Transport Department, Fort St. George, Chennai 600 009 2.The Director Institute Of Road Transport, 100 Feet Road, Taramani, Chennai 600 113 3.The Principal Government Engineering College (Formerly Institute of Road And Transport Technology) Sri Vasavi College (po) Erode Respondent(s) PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, Directing the respondents to sanction and disburse to the petitioner the enhanced gratuity of Rs 10,00,000/- under the 7th Pay commission, together with interest for the delayed payment, in accordance with G.O Ms. no 303, finance (Pay cell) Department dated 11.10.2017 g.O. Ms. No 313, finance (Pay cell) Department, dated 25.10.2017 and G.O. Ms. No 19, Higher Education (C2) Department, dated 14.01.2020.

For Petitioner(s):

Mr.Akshai Sajin Kumar V.L For Respondent:

Mr.T.M.Rajangam, GA RR1 to 3

ORDER

This petition has been filed seeking a direction to the respondents to sanction and disburse to the petitioner the enhanced gratuity of Rs 10,00,000/- under the 7th Pay commission, together with interest for the delayed payment, in accordance with G.O Ms. no 303, finance (Pay cell) Department dated 11.10.2017 g.O. Ms. No 313, finance (Pay cell) Department, dated 25.10.2017 and G.O. Ms. No 19, Higher Education (C2) Department, dated 14.01.2020.

2. It is the case of the petitioner that the petitioner retired from service on 31.01.2017 after 29 years of service under the Transport Department. The petitioner served also as Controller of Examinations, Anna University, Trichy on deputation from 07.06.2007 to 07.06.2010. Though the Government extended the 7th Pay Commission benefits to teaching faculty of technical institutions under G.O.Ms.No.303 and 313, Finance (Pay Cell) Department and G.O.Ms.No.19 the petitioner has been denied the benefit of enhanced gratuity of Rs.10,00,000/- despite being squarely eligible. He has already been sanctioned his EL encashment in February 2025, yet the gratuity revision alone remains pending without justification. Therefore, the petitioner made a representation on 02.09.2024 and 11.09.2025 to the respondents to sanction and disburse to the

petitioner the enhanced gratuity of Rs.10 lakhs under the 7th Pay commission together with interest for the delayed payment in accordance with G.O.Ms.No.303 Finance (Paycell) Department dated 11.10.2017 and GO.Ms.No.313 Finance (Pay Cell) Department dated 25.10.2017 and G.O.ms.No.19 Higher Education (C2) Department, dated 14.01.2020 and the same is not considered. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.

4. The learned Government Advocate appearing for the respondent submitted that the representation will be considered and orders will be passed within the stipulated time as fixed by this Court.

5. Heard the learned counsel for both side and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the first respondent to consider and pass orders on the petitioner's representation dated 11.09.2025 within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition is disposed of. No costs. 02-12-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Principal Secretary To Government, Transport Department, Fort St. George, Chennai 600 009 2.The Director Institute Of Road Transport, 100 Feet Road, Taramani, Chennai 600 113 3.The Principal Government Engineering College (formerly Institute Of Road And Transport Technology) Sri Vasavi College (po) Erode

M.DHANDAPANI J.

rli 02-12-2025