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Madras High CourtWP(MD)/3288/2022allowed

Ramakodi.T.S. v. The Commissioner

2022-11-11Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.T.S.Ramakodi 2.V.Kanthiah 3.K.S.Jayaram 4.R.Narasimma Rao 5.C.Ramalingam 6.R.Kalyanasundaram 7.R.Ramachandran 8.N.Ganeshbabu 9.P.Padmavathy 10.N.Sundaravalli 11.P.Rajalakshmi 12.N.Ambika 13.M.Sundaramoorthy 14.C.Balasubramanian 15.P.Lakshmanan 1/4

16.S.Meena 17.S.Saraswathy 18.S.Duraisamy 19.J.S.Jothimani ... Petitioners Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Administration, Nungampakkam High Road, Chennai 600 006.

2.The Joint Commissioner / Executive Officer, Arulmigu Meenakshi Sundareswarar Thirukoil, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to direct the respondents to disburse the interest of 10 % to the gratuity amount for the period of the retirement date of the petitioners till the disbursement of gratuity amount to the petitioners, disburse the same as per Na.ga.No.22735/2018 dated 13.01.2020 of the 1st respondent order and fix a time frame by this Court. For Petitioner : Mr.R.Ramasamy For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

Heard the learned counsel on either side.

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2. The writ petitioners were employees of the respondent temple. They had retired from service. Their gratuity amounts have been disbursed. But they were not disbursed in time. The gratuity in the very nature of things will have to be disbursed within one month from the date of retirement. Therefore, the employer is obliged to pay interest at the rate of 10% per annum on the belated disbursement. The interest amount will be paid to the respective writ petitioners within a period of eight weeks from the date of receipt of a copy of this order.

3. The Writ Petition is allowed accordingly. No costs. 11.11.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Commissioner, Hindu Religious and Charitable Endowment Administration, Nungampakkam High Road, Chennai 600 006.

2.The Joint Commissioner / Executive Officer, Arulmigu Meenakshi Sundareswarar Thirukoil, Madurai.

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G.R.SWAMINATHAN, J.

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