K.Palaniammal v. The Prl. Secretary/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) Nos.11301 to 11304 of 2019 K.Palaniammal ... Petitioner in WP(MD)No.11301/2019 P.Shantha ... Petitioner in WP(MD)No.11302/2019 M.Maheswari ... Petitioner in WP(MD)No.11303/2019 N.Murugahal ... Petitioner in WP(MD)No.11304/2019 vs.

1.The Principal Secretary/Commissioner, Hindu Religious and Charitable Endowment Dept., 119, Utthamar Gandhi Salai, Chennai - 38.

2.The Joint Commissioner/Executive Officer, Arulmigu Dhandayuthapani Swamy Temple, Palani - 624 601, Dindigul District. ... Respondents in all W.Ps. WP(MD)No.11301 of 2019 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to disburse gratuity amount due to the petitioner, with interest from the date of the petitioner's retirement till payment.

WP(MD)No.11302 of 2019 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to disburse gratuity amount due to the petitioner's Husband i.e. late C.K.Palanichamy with interest from the date of his retirement till payment.

WP(MD)No.11303 of 2019 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to disburse gratuity amount due to petitioner's Mother i.e. late P.Pappathi with interest from the date of his retirement till payment.

WP(MD)No.11304 of 2019 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to disburse gratuity amount due to petitioner's

Husband i.e. late S.Natrayan with interest from the date of his retirement till payment.

For Petitioners : Mr.S.Manikandan For Respondents : Mr.V.Anand Government Advocate in all the writ petitions 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 specific time frame fixed by this Court.

2. Heard the learned Counsel appearing for the petitioners and the learned Government Advocate 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 these present writ petitions also.

4. The learned Government Advocate 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, this Court, without going into the merits of the case, directs the respondents to consider the claim of the petitioners, seeking gratuity amount and pass appropriate orders on merits 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 /True Copy/ Sub Assistant Registrar

To 1.The Principal Secretary/Commissioner, Hindu Religious and Charitable Endowment Dept., 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.64341 W.P(MD) Nos.11301 to 11304 of 2019 30.04.2019 mj MS/28.05.2019/3P.4C