D.Vidhya Lakshmi Vs The Andhra Pradesh State Handloom

1.The Andhra Pradesh State Handloom Weaver's Cooperative Society Limited, Rep. by its Managing Director, Weaver's Bhavan, 3-5-760, Narayanaguda, Hyderabad – 500 029, Andhra Pradesh.

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2.The Manager, The Andhra Pradesh State Handloom Weaver's Cooperative Society Limited, Madurai Branch, Thallakulam Corporation Complex, Raymond's Show Room Building, Thallakulam, Madurai – 625 002.

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... Respondents

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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 disburse the terminal benefit payable to the petitioner's mother such as Gratuity, Provident Fund, PL Salary, CSD at Credit and

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https://www.mhc.tn.gov.in/judis

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Staff Personal Account Net Credit Balance and all other monetary benefit with interest at the rate of 12% from 29.05.2012 till the realization by considering the petitioner's representation dated 09.05.2024.

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For Petitioner : Mr.D.Shanmugaraja Sethupathi

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For Respondents : No Appearance

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O R D E R

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This writ petition has been filed for a writ of Mandamus to direct the respondents to disburse the terminal benefit payable to the petitioner's mother such as Gratuity, Provident Fund, PL Salary, CSD at Credit and Staff Personal Account Net Credit Balance and all other monetary benefit with interest at the rate of 12% from 29.05.2012 till the realization by considering the petitioner's representation dated 09.05.2024.

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No representation on behalf of the respondents.

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From the communication dated 03.09.2013 issued by the first respondent, it is seen that the petitioner is entitled to a payment of a sum of Rs.6,64,075.41/-. The said communication further indicates that with

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regard to the disbursement of terminal benefits, there are no specific Rules in the service conditions. Therefore, soon after the receipt of the proposal from the concerned DMO, Tirupathi, the process of settlement of accounts in respect of the retired/deceased employee would have been taken up.

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Even though there are no specific service conditions prescribing a time limit for disbursal, it is to be noted that the payment of gratuity must be paid within a period of thirty days from the date of retirement of the respective employee. Failure to pay the same would not only entitle the employee to interest at the rate specified by the central Government but also the penal punishment as envisaged under Section 9(2) of the Payment of Gratuity Act, 1972 is liable to be inflicted on the employer.

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Therefore, the reasons attributed by the first respondent that as

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and when the proposals are received from the concerned officials, terminal benefits would be disbursed is only arbitrary.

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In such view of the matter, there shall be a direction to the first respondent to disburse the admitted terminal benefits including the 3/5

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provident fund standing in the name of the petitioner's mother together with statutory interest, within a period of four weeks from the date of receipt of copy of this order.

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With the aforesaid direction, the writ petition stands disposed

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of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

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24.10.2025

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NCC:yes/no Index:yes/no Internet:yes/no Sn

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To:

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1.The Managing Director, The Andhra Pradesh State Handloom Weaver's Cooperative Society Limited, Weaver's Bhavan, 3-5-760, Narayanaguda, Hyderabad – 500 029, Andhra Pradesh.

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2.The Manager, The Andhra Pradesh State Handloom Weaver's Cooperative Society Limited, Madurai Branch, Thallakulam Corporation Complex, Raymond's Show Room Building, Thallakulam, Madurai – 625 002.

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K.KUMARESH BABU, J.

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Sn

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W.P.(MD)No.17287 of 2024