M.Sankaran v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR M.Sankaran ... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowment, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.
2.The Deputy Commissioner/Executive Officer, Arulmigu Sankaranarayana Swami Thirukovil, Sankarankovil, Tenkasi District.
3.The Chairman, Trust Board, Arulmigu Sankaranarayana Swami Thirukovil, Sankarankovil, Tenkasi District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay the interest of 10% for the earlier disbursed gratuity amount i.e, 1/5
Rs.8,12,397/- from 30.09.2019 to 08.04.2020 and further to pay the balance gratuity amount of Rs.2,10,566/- along with 10% interest from 30.09.2019 till the date of disbursement as per order of the Deputy Commissioner of Labour, Tirunelveli passed in PG. No.266/2023, dated 21.11.2024 to the petitioner within the time stipulated by this Court.
For Petitioner : Mr.P.Rajagopalan For R-1 : Mr.S.S.Madhavan Government Advocate For R-2 & R-3 : Mr.S.Manohar
ORDER
The present writ petition has been filed by the beneficiary of an order passed by the Controlling Authority under the Payment of Gratuity Act, 1972 in P.G.No.266/23, dated 21.11.2024 seeking a Mandamus for disbursement of interest for the already disbursed gratuity amount and for payment of the balance gratuity amount along with interest.
2. It could be seen from the records that, an order has been passed by the Controlling Authority on 21.11.2024, directing the respondent Temple to pay gratuity of Rs.2,10,566/- along with 10% interest. 2/5
3. So far, the Temple has paid only a sum of Rs.47,377/- out of the interest portion. It is clear that the Temple is yet to pay a sum of Rs.1,14,317/-. Hence, the present writ petition.
4. The learned Counsel appearing for the respondent Temple submitted that as far as the interest portion is concerned, the petitioner may be requested to give some concession to the Temple considering the facts and circumstances of the case. The learned Counsel appearing for the petitioner, on instructions, submits that he would waive a sum of Rs.14,317/- and the Temple may be permitted to pay a sum of Rs.1,00,000/- towards final settlement.
5. Considering the above said facts, the respondents 2 and 3 herein are directed to pay a sum of Rs.1,00,000/- [Rupees One Lakh only] on or before 25.08.2025. Otherwise, the said amount will carry interest at the rate of 6% per annum.
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6. With the above directions, this writ petition stands disposed of. There shall be no order as to costs.
08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Commissioner, Hindu Religious and Charitable Endowment, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.
2.The Deputy Commissioner/Executive Officer, Arulmigu Sankaranarayana Swami Thirukovil, Sankarankovil, Tenkasi District.
3.The Chairman, Trust Board, Arulmigu Sankaranarayana Swami Thirukovil, Sankarankovil, Tenkasi District.
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R.VIJAYAKUMAR, J.
BTR 08.08.2025 5/5