Petitioner sought writ directing settlement of gratuity delayed by nine years pending criminal case investigation. Court directed second respondent to verify case nature and decide pending representation within 12 weeks. Petition disposed of.
Second respondent directed to consider representation and decide on merits within 12 weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.14703 of 2013
V.Murugappan ... Petitioner
Vs.
Sivaganga, Sivaganga District.
Chennai – 34.
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take immediate action to settle the Petitioner's Gratuity amount of Rs. 2,96,456/-immediately with the interests thereon for the period of delay i.e. 9 years.
For Petitioner : Mr.S.Arulandu For Respondents : Mr.R.Sethuraman Special Government Pleader
O R D E R
The grievance of the writ petitioner is that the gratuity amount due to him has not been disbursed so far. The writ petitioner was employed in the Department of Hindu Religious and Charitable Endowments Department, and retired from service on 30.11.2004 on attaining the age of superannuation. However, the gratuity amount has not been settled on account of the fact that the a criminal case is pending against the writ petitioner.
2.However, the respondents are bound to verify the nature of the criminal case, thereafter, for initiating appropriate action https://hcservices.ecourts.gov.in/hcservices/ to consider the case of the writ petitioner for the settlement of his gratuity amount due to him in accordance with the rules in
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force. In this regard, the writ petitioner had submitted a representation to the second respondent on 20.04.2013 and the same is yet to be considered.
Sd/-
Assistant Registrar(W)
/True Copy/
Sub Assistant Registrar
To
Sivaganga, Sivaganga District.
Chennai – 34.
mm
AE/JC/SAR1/11.04.2018/2P/5C
W.P.(MD)No.14703 of 2013 08.03.2018
1 issue framed by the court
Whether the respondents can non-esthet expend the petitioner's gratuity amount due to delay in verification of a pending criminal case constitution.
1 provisions across 1 enactments
V.Murugappan
The Joint Commissioner, Hindu Religious and Charitable Endowments Department
The Commissioner, Hindu Religious and Charitable Endowments Department
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
