Madras High CourtWP(MD)/2915/2020disposed of

S.Selvaganapathy v. The Commissioner

2025-09-25Honourable Mr Justice Abdul Quddhose5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Selvaganapathy ... Petitioner -vs1.The Commissioner Hindu Religious and Charitable Endowment Nungambakkam, Chennai 2.The Deputy Commissioner / Executive Officer Arulmigu Sankaranarayanawamy Thirukoil Sankarankoil Tenkasi District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus the respondents to pay the gratuity amount with interest of 10% to the petitioner as per order of the Assistant Commissioner of Labour, Tirunelveli, passed in PG.No.85/2019, dated 01.07.2019.

For Petitioner :

Mr.P.Rajagopalan For Respondents :

Mr.P.Subbaraj Special Government Pleader for R1 Mr.S.Manohar Standing Counsel for R2

O R D E R

This writ petition has been filed seeking for a mandamus to direct the respondents to pay the gratuity amount with interest at the rate of 10% to the petitioner as per order of the Assistant Commissioner of Labour, Tirunelveli, passed in P.G.No.85 of 2019, dated 01.07.2019.

2. Learned counsel for the petitioner would submit that since counter affidavit has not been filed by the respondents, it would suffice if a direction is issued to the respondents to consider the petitioner's representations seeking payment of gratuity amount together with interest at the rate of 10% as per the order of the Assistant Commissioner of Labour, Tirunelveli, passed in P.G.No.85 of 2019, dated 01.07.2019, within a time frame to be fixed by this Court.

3. No prejudice would be caused to the respondents, if such a direction is issued.

4. This Court is not expressing any opinion on the merits of the petitioner's representation.

5. Since this writ petition has been filed in the year 2020, this Court is of the considered view that a fresh representation will have to be given by the petitioner to the respondents seeking for the aforementioned relief.

6. Accordingly, this Court directs the petitioner to submit a fresh representation to the second respondent seeking payment of gratuity amount together with interest at the rate of 10% as per the order of the Assistant Commissioner of Labour, Tirunelveli, passed in P.G.No.85 of 2019, dated 01.07.2019, within a period of one week from the date of receipt of a copy of this order. On receipt of such representation within the stipulated time, the second respondent shall pass final orders on merits and in accordance with law, within a period of four weeks thereafter.

7. With the aforesaid directions, this writ petition is disposed of. No costs.

25.09.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam, Chennai.

ABDUL QUDDHOSE, J.

krk 25.09.2025