S.Ramasamy v. The Principal Secretary/
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.04.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.10957 to 10964 of 2019 S.RAMASAMY ... Petitioner in WP(MD). 10957/ 2019 P.BALASUBRAMANIAN ... Petitioner in WP(MD). 10958/ 2019 V.VENKATARAJAGOPAL ... Petitioner in WP(MD). 10959/ 2019 V.KALIMUTHU ... Petitioner in WP(MD). 10960/ 2019 P.KRISHNAN ... Petitioner in WP(MD). 10961/ 2019 A.KARTHIKEYAN ... Petitioner in WP(MD). 10962/ 2019 C.PORKODI ... Petitioner in WP(MD). 10963/ 2019 M.RADHABAI ... Petitioner in WP(MD). 10964/ 2019 Vs.
1.THE PRINCIPAL SECRETARY / COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT,
119. UTTHAMAR GANDHI SALAI, CHENNAI-38 2.THE JOINT COMMISSIONER / EXECUTIVE OFFICER ARULMIGU DHANDAYUTHAPANI SWAMY TEMPLE, PALANI - 624 601.
DINDIGUL DISTRICT.
... RESPONDENTS IN ALL THE PETITIONS Prayer in WP(MD).No. 10957/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to disburse gratuity amount due to petitioner with interest from the date of petitioner's retirement till payment within a specific time frame as fixed by this Honourable Court.
Prayer in WP(MD).No. 10958/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to disburse gratuity amount due to petitioner Mother i.e., Late.N.Dhanalakshmi with interest from the date of his retirement till payment within a specific time frame fixed by this Honourable Court.
Prayer in WP(MD).No. 10959/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to disburse gratuity amount due to petitioner with interest from the date of his retirement till payment within a specific time frame fixed by this Honourable Court.
Prayer in WP(MD).No. 10960/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to disburse gratuity amount due to petitioner with interest from the date of petitioner retirement till payment within a specific time frame fixed by this Honourable Court.
Prayer in WP(MD).No. 10961/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to disburse gratuity amount due to petitioner with interest from the date of petitioner retirement till payment within a specific time frame fixed by this Honourable Court.
Prayer in WP(MD).No. 10962/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to disburse gratuity amount due to petitioner Mother i.e., late.A.Pushpam with interest from the date of his retirement till payment within a specific time frame fixed by this Honourable Court. Prayer in WP(MD).No. 10963/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to disburse gratuity amount due to petitioner with interest from the date of petitioner retirement till payment within a specific time frame fixed by this Honourable Court.
Prayer in WP(MD).No. 10964/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to disburse gratuity amount due to petitioner Husband i.e., late.J.Sangaran Nair with interest from the date of his retirement till payment within a specific time frame fixed by this Honourable Court. For Petitioner in all the petitions : Mr.S.Manikandan For Respondents in all the petitions : Mr.VR.Shanmuganathan Special Government Pleader
COMMON ORDER All the writ petitions are filed seeking a direction to the respondents to disburse gratuity amount due to the petitioners with interest within a time frame to be fixed by this Court.
2. Heard the learned Counsel appearing for the petitioners and the learned Special Government Pleader who takes notice for the respondents. By consent, all the writ petitions are taken up for disposal at the admission stage itself.
3. The learned Counsel appearing for the petitioners submitted that a similar issue has already been decided by the Division Bench of this Court in W.P.(MD)No.1084 of 2019, dated 31.01.2019 by directing the Commissioner of H.R. & C.E., to pay gratuity amount to all the temple employees. Hence, the learned Counsel prayed for appropriate orders in the present writ petitions.
4. The learned Special Government Pleader appearing for the respondents submitted that the claim of the petitioners would be considered by the respondents within a time frame as fixed by this Court.
5. Considering the facts and circumstances of the case and also having regard to the submissions made by the learned Counsel on either side, without going into the merits of the case, the respondents are directed to consider the claim of the petitioners seeking gratuity amount due to the petitioners and pass appropriate orders on merits and as per law and also in the light of the order passed by the Division Bench of this Court in W.P. (MD)No.1084 of 2019, dated 31.01.2019, within a period of twelve weeks from the date of receipt of a copy of this order.
6. All the Writ Petitions are disposed of with the above direction. No costs.
Sd/- Assistant Registrar (CRL SIDE) // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal Secretary / Commissioner Hindu Religious and Charitable Endowments Department,
119. Utthamar Gandhi Salai, Chennai-38
2.The Joint Commissioner / Executive Officer Arulmigu Dhandayuthapani Swamy Temple, Palani - 624 601.
Dindigul District.
1CC TO MR.S. MANIKANDAN, ADVOCATE SR 64185 1CC TO THE SPL GOVT PLEADER SR 64961 KM 20/05/2019 4P / 5C W.P(MD)Nos10957 to 10964 of 2019.
29.04.2019