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Madras High CourtWP(MD)/20247/2021allowed

Rajappa v. The State Of Tamilnadu

2022-08-23Honourable Mr Justice M.S. Ramesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.20247 of 2021 T.Rajappa ... Petitioner /vs./ 1.The State of Tamil Nadu, Represented by its Secretary to Government, Hindu Religious & Charitable Endowment Department, Secretariat, Chennai.

2.The Commissioner, Hindu Religious & Charitable Endowment Department, Chennai.

3.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Tirichirappalli-6.

4.The Executive Officer, Arulmigu Madurai Kaliamman Temple, Thottiyam Post & Taluk, Tirichirappalli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits and revised pension benefits along with pension arrears and 1/4

other revised terminal benefits in the new scale of pay on the base of 6th and 7th Pay Commission with interest at the rate of 18 percent per annum payable from the date of retirement (31.07.2020) of the petitioner to till the date of payment of said monetary payment to the petitioner.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondent : Mr.P.Thiraviyam Government Advocate (For R1 to R3)

ORDER

The petitioner herein had joined in the fourth respondent Temple as Temple Musician on 06.07.1985 and retired on 31.07.2020. Since his retirement benefits have not been settled, this writ petition has been filed. 2.The learned Standing Counsel appearing for the fourth respondent submitted that owing to the financial constraint, they were not able to settle the retirement dues and that they are willing to pay 30% of the entire retirement dues, within a period of one week and the remaining dues in four equal monthly installments.

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3.The learned counsel appearing for the petitioner agrees with such an offer.

4.In view of the submissions made by the learned Standing counsel appearing for the fourth respondent as well as the learned counsel appearing for the petitioner, there shall be a direction to the fourth respondent to forthwith pay 30% of the petitioner's entire retirement dues, within a period of one (1) week from the date of receipt of a copy of this order. The balance amount of retirement dues shall be paid in four (4) equal monthly installments, commencing from 10th October, 2022. This Writ Petition stands allowed accordingly. There shall be no order as to costs.

23.08.2022 Index : Yes / No Internet : Yes / No sm 3/4

M.S.RAMESH, J.

Sm TO:

1.The Secretary to Government, Hindu Religious & Charitable Endowment Department, Secretariat, Chennai.

2.The Commissioner, Hindu Religious & Charitable Endowment Department, Chennai.

3.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Tirichirappalli-6.

4.The Executive Officer, Arulmigu Madurai Kaliamman Temple, Thottiyam Post & Taluk, Tirichirappalli District.

Order made in W.P.(MD)No.20247 of 2021 Dated:

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