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Madras High CourtWP(MD)/6090/2018disposed of

V.Govindan, v. The Commissioner,

2018-03-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6090 of 2018 V.Govindan ... Petitioner Vs.

1. The Commissioner, Commissionerate of Adi Dravidar Welfare Department, Chennai.

2. The District Collector, Thanjavur District.

3. The District Adi Dravidar Welfar Officer, Thanjavur District, Thanjavur.

4. The Special Tahsildar, (Adi Dravidar Welfare) Thanjavur Taluk, Thanjavur.

5. The Accountant General, (A&E) No.361, Annasalai, Teynampet, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to pay the interest for making petitioner gratuity payment belatedly on the basis of petitioner representation dated 09.01.2018 and consequently directing the respondents to pay the salary to the petitioner for holding the post of Headmaster of Adi Dravidar Welfare Middle School, Manojipatti, for the period from 27.08.2005 to 11.08.2006 within the time stipulated by this Court.

For Petitioner : Mr.R.Krishnamoorthy for Mr.C.Prakasam For R1 to R4 : Mrs.S.Srimathy Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ For R5 : Mr.Gunaseelan

ORDER

By consent of both parties, the writ petition is taken up for disposal at the admission stage itself.

2.The grievance of the petitioner is that the gratuity payable to him was settled belatedly. As per the relevant statutory provision in the pension rules, any belated settlement of gratuity would carry 8% interest. The petitioner is a retired Middle School Headmaster. His grievance is that even though he served as a Middle School Headmaster for a period of one year, he was paid salary payable to the Elementary School Headmaster. Setting forth his grievance, he has given a representation dated 09.01.2018.

3.The first respondent is directed to consider the same in accordance with law and pass appropriate orders on merits within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Commissioner, Commissionerate of Adi Dravidar Welfare Department, Chennai.

2. The District Collector, Thanjavur District.

3. The District Adi Dravidar Welfar Officer, Thanjavur District, Thanjavur.

4. The Special Tahsildar, (Adi Dravidar Welfare) Thanjavur Taluk, Thanjavur.

+ 1 cc TO Mr.C.Prakasam , Advocate in SR No. 57062 + 1 cc TO Mr.P.Gunasekaran , Advocate in SR No. 57679 + 1 cc TO The Special Government Pleader in SR No. 57933 rmi AE/JC/SAR1/07.05.2018/2P/8C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD)No.6090 of 2018 22.03.2018