P.S.Balasubramanian v. The Principal Secretary/
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.04.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.11073 to 11078 of 2019 P.S.BALASUBRAMANIAN ... Petitioner in WP(MD). 11073/ 2019 P.SURESH ... Petitioner in WP(MD). 11074/ 2019 R.PALANICHAMY ... Petitioner in WP(MD). 11075/ 2019 M.SANGAMESHWARAN ... Petitioner in WP(MD). 11076/ 2019 K.MOHANRAJ ... Petitioner in WP(MD). 11077/ 2019 P.PALANIAMMAL ... Petitioner in WP(MD). 11078/ 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 Writ Petitions Common Pryaer in WP(MD)Nos.11073/2019 to 11078/2019: Writ Petitions are filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to disburse gratuity amount with interest from the date of retirement till paymen, due to 1.Petitioner in WP(MD).11073/2019 2.Petitioner's mother i.e late N.Dhanalakshmi in WP(MD).11074/2019 3.Petitioner's father i.e. late.K.Raju in WP(MD).11075/2019 4.Petitioner's mother i.e. late.M.Lakshmi in WP(MD).11076/2019 5.Petitioner in WP(MD).11077/2019 6.Petitioner's Mother in i.e.late V.Karuppathal in WP(MD).11078/2019 within a specific time as fixed by this Hon'ble Court. For Petitioner in all the petitions : Mr.S.Manikandan For Respondents in all the petitions : Mr.VR.Shanmuganathan Special Government Pleader
COMMON ORDER The writ petitions are filed by the legal heirs of the deceased employees and the employees of the respondents seeking a direction to the respondents to disburse gratuity amount due to the respective deceased employees with interest, within a specific 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 Division Bench of this Court in W.P.(MD)No.1084 of 2019, dated 31.01.2019 directed the Commissioner of H.R. & C.E., to pay gratuity amount to all the temple employees. As the petitioners are employees and the legal heirs of the deceased employees respectively, they are entitled to receive the benefits. Hence, the learned Counsel prayed for appropriate orders in the present writ petitions also.
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 to be 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 with regard to gratuity amount to be payable to the deceased employees as well as the employees of the respondents, 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, and pass appropriate orders, on merits and in accordance with law, 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 /True Copy/ Sub Assistant Registrar 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 No.64342 W.P(MD)Nos.11073 to 11078 of 2019 30.04.2019 trp MS/28.05.2019/3P.4C