Rajamani.I Vs The Commissioner

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents particularly the 2nd respondent to disburse the gratuity amount of Rs.4,36,013/- with 10% interest from 30.05.2018 till the date of realization as per the order in P.G.No.130 of 2018 dated 22.07.2019 within time stipulated by this Court.

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W.P(MD)No.17965 of 2022

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For Petitioner : Mr.S.Venkatesh For R1 : Mr. P.Subbaraj Special Government Pleader For R2 : Mr.P.Mahendran Standing Counsel

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O R D E R

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The petitioner/an employee of Arulmigu

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Vaithyanathaswamy Temple, Srivilliputhur/the second respondent has filed this writ petition, seeking a writ of Mandamus, by way of a direction to the second respondent to disburse the gratuity amount of Rs.4,36,013/- together with 10% interest from 30.05.2018 till the date of realization, as per the order passed by the Controlling Authority, under the Payment of Gratuity Act/the Assistant Commissioner of Labour, Madurai, in P.G.No.130 of 2018, dated 22.07.2019.

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2.The case of the petitioner is that he was appointed in

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the second respondent temple on 17.04.1983. After serving in the

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W.P(MD)No.17965 of 2022

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second respondent temple continuously for a period of 35 years, he retired from service on 30.04.2018, on attaining his age of superannuation. Since gratuity amount has not been disbursed by the temple authorities, the petitioner has approached the Controlling Authority under the Payment of Gratuity Act/the Assistant Commissioner of Labour, Madurai. The Gratuity Authority has also passed an order in PG.No.130 of 2018, dated 22.07.2019, directing the second respondent temple administration to pay the gratuity amount of Rs.4,36,013/- together with interest to the petitioner, within 30 days from the date of receipt of a copy of that order. However, the same has not been implemented by the second respondent temple. The petitioner has submitted his representation on 30.12.2021. Even then, it was not considered. Moreover, the second respondent temple has not preferred any appeal as against the order passed by the Authority under the Payment of Gratuity Act, in PG No.130 of 2018 and therefore, it becomes final.

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W.P(MD)No.17965 of 2022

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3.This writ petition was admitted by this Court, by its order dated 10.08.2022. Thereafter, when it was taken up for final disposal on 16.10.2025 and on 13.11.2025, there was no representation for the petitioner. Therefore, the case is listed today under the caption ''for orders''.

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4.Today, when this writ petition is taken up for hearing, the learned counsel appearing for the petitioner submits that this petitioner died on 06.08.2024 and therefore, he is not in a position to get instructions. He further submits that the letter sent by him to the petitioner was also returned.

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5.The learned counsel for the second respondent Temple

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has filed a typed set of papers along with the death certificate of the petitioner Rajamani that the petitioner died on 06.08.2024, due to certain medical ailments. While he was under treatment, he made a request to the second respondent temple authorities on 18.04.2023, seeking gratuity benefit by waiving off the interest amount.

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Therefore, the gratuity amount of Rs.4,08,432/-, after waiving off the interest portion has been settled to the petitioner, vide Cheque bearing No.896891, dated 20.04.2023. The receipt of payment by the petitioner in the presence of his wife and son is also placed before this Court.

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6.The relief sought for in this writ petition is for gratuity amount, as per the award passed in P.G.No.130 of 2018, dated 22.07.2019. Now, it is reported by the second respondent temple authorities that the petitioner is no more and during his life time, the gratuity amount after waiving off the interest portion as claimed by the petitioner has been settled to him, vide Cheque bearing No. 896891, dated 20.04.2023 and the same has also been acknowledged by the petitioner. Recording the same, this writ petition is closed as no further order is required to be passed. No costs.

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17.11.2025

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Index:Yes Internet:Yes vrn

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W.P(MD)No.17965 of 2022

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To