K.Buvaneswari v. The Commissioner

W.P.(MD) No.5378 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU W.P.(MD) No.5378 of 2020 K.Buvaneswari Petitioner Vs

1. The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam High Road, Chennai - 34.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments, Tirunelveli.

3. The Assistant Commissioner cum Executive Officer, Arulmigu Kutralanathasamy Thirukoil, Courtrlam.

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to disburse the earned leave benefits for 180 days as per G.O.Ms.No.213, Tourism, Culture and Endowments Department dated 02.09.2013 to the petitioner with interest within the time stipulated by this Court.

For Petitioner : Mr.S.Venkatesh For Respondents : Mr.V.R.Shanmuganathan Government Advocate for RR1 & 2

O R D E R

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

2. The case of the petitioner is that while the petitioner's husband was working with the third respondent temple, he died. Subsequent to that the petitioner got the gratuity amount. It is further case of the petitioner that Government has issued G.O.Ms.No.213, Tourism, Culture and Endowments Department dated 02.09.2013, enhancing the earned leave from 90 days to 180 days. In order to get the earned leave benefits as per the above Government order, the petitioner has sent representation to the respondents on https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.5378 of 2020 16.12.2019. Since no action has been taken, the petitioner has filed this present Writ Petition.

3. The learned counsel for the petitioner submitted that though the first respondent has issued proceedings dated 12.09.2013, through which, all the Joint Commissioners, Assistant Commissioners, Executive Officers are directed to disburse earned leave benefits as per G.O.Ms.No.213, the same has not been issued to the petitioner. Hence, the learned counsel prays this Court to direct the respondents to disburse the earned leave benefits to the petitioner as per G.O.Ms.No.213 dated 02.09.2013.

4. Heard the learned counsel for the petitioner and perused the documents.

5. Considering the limited scope of the Writ Petition, the respondents are directed to dispose of the representation, by taking into consideration of G.O.Ms.No.213 dated 02.09.2013, within a period of eight weeks from the date of receipt of a copy of this order. It is needless to say that the petitioner is directed to submit a copy of the representation along with this order to the respondents.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) To

1. The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam High Road, Chennai - 34.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments, Tirunelveli.

3. The Assistant Commissioner cum Executive Officer, Arulmigu Kutralanathasamy Thirukoil, Courtrlam.

W.P.(MD) No.5378 of 2020 13.03.2020 vrn SDS (21.05.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2