Madras High CourtWP(MD)/15785/2021disposed of

Govindaraj K v. The Commissioner

2021-09-03Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD) No.15785 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.(MD) Nos.15785 of 2021 K.Kovindaraj ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam, Chennai - 34.

2.The Deputy Commissioner/Executive Officer, Arulmigu Sankaranarayanaswamy Thirukoil, Sankarankovil, Thenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay the gratuity to the petitioner along with interest at the rate of 10% for the belated payment of gratuity amount from the date of petitioner's retirement dated 25.10.2018 as per Section 7 of the Payment of Gratuity Act, 1972 on the basis of the petitioner's representation dated 16.06.2021 within the time stipulated by this Court and for other reliefs.

For Petitioner : Mr.P.Rajagopalan For 1st Respondent : Mr.A.K.Manikkam Counsel for State For 2nd Respondent : Mr.V.R.Shanmuganathan, Standing counsel

O R D E R

This petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents to pay the gratuity to the petitioner along with interest at the rate of 10% for the belated payment of gratuity amount from the date of petitioner's retirement dated 25.10.2018 as per Section 7 of the Payment of Gratuity Act, 1972 on the basis of the petitioner's representation dated 16.06.2021 within the time stipulated by this Courts. 2.Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondents. 3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.15785 of 2021 4.The petitioner was working as Nathaswaram vithuvan in the second respondent temple from 09.11.2004 to 25.10.2018 for a period of 14 years. After his retirement, the petitioner has submitted a representation dated 16.06.2021 to the second respondent requesting to consider his representation for payment of Gratuity amount with 10% interest and a copy of the same was also sent to the first respondent. However, the said representation is still pending and no orders were passed till date. Therefore, the present Writ petition has been filed before this Court.

5.Considering the submissions made by the learned counsel on either side and considering the limited prayer sought by the petitioner, this Court, without expressing any opinion on merits, directs the second respondent to consider the petitioner's representation dated 16.06.2021 on merits and in accordance with law within a period of twelve(12) weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam, Chennai - 34.

2.The Deputy Commissioner/Executive Officer, Arulmigu Sankaranarayanaswamy Thirukoil, Sankarankovil, Thenkasi District.

+1 CC to M/s.P.RAJAGOPALAN, Advocate ( SR-28468[F] dated 07/09/2021 ) +1 CC to M/s.GP ( SR-28182[F] dated 06/09/2021 ) W.P.(MD) No.15785 of 2021 03.09.2021 RS (17.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2