COMMON ORDER

This Writ Petition in W.P.(MD)No.2771 of 2015 is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order, dated 11.07.2014 and consequently, direct the respondents to promote the petitioner for enhancement of earned leave salary for 143 days instead of 35 days and pay the difference in leave salary together with interest at 12% per annum from 31.10.2008 till the date of actual payment and direct the respondents to sanction and pay him unearned leave salary on private affairs for a period of 90 days. 2. This Writ Petition in W.P.(MD)No.2772 of 2015 is filed for issuance of a Writ of Mandamus, directing the respondents to pay interest at the rate of 12% interest for the belated settlement of gratuity to the petitioner payable from

31.10.2008 to 04.05.2012.

3. The brief facts of the case are that the petitioner joined the service in the first respondent Hospital as Male Nursing Assistant on 03.03.1971. The petitioner was dismissed from service on 13.09.1998 and the same was challenged in W.P.(MD)No.19325 of 1998 before the Principal Seat of High Court. On 01.07.2005, this Court allowed the writ petition stating that there is a violation of principles of natural justice and directed the respondents to reinstate with continuity of service without backwages. The petitioner was reinstated on 16.09.2005 and the petitioner attained superannuation on 31.10.2008. The respondents delayed in paying the gratuity of Rs.98,650/- (Rupees Ninety Eight Thousand Six Hundred and Fifty only), encashment of surrender leave salary of Rs.36,200/- (Rupees Thirty Six Thousand and Two Hundred only) and other attendant benefits. The petitioner submitted a representation on 09.02.2009 and 20.04.2009 and then had filed W.P.(MD)No.3780 of 2009 and this Court directed the respondents to consider the representation on merits and disburse the retirement benefits within a period of six weeks.

4. The first and third respondents have filed a writ appeal in W.A.(MD)No.

56 of 2010 and the same was dismissed on 28.01.2010. Thereafter, the petitioner has filed a contempt petition in CONT.P(MD)No.465 of 2009 and the second respondent passed an order, dated 22.06.2009 rejected the request for settlements of retirement benefits and informed that the gratuity will be settled in accordance with seniority. Aggrieved over the same, the petitioner has filed a writ petition in W.P.(MD)No.5715 of 2010 to quash the order, dated 22.06.2009 and this Court, vide order, dated 23.11.2010 directed the respondents to pay the terminal benefits within eight weeks. Again, a contempt petition in CONT.P (MD) No. 218 of 2012 was filed and the same was closed giving liberty to work out the remedy. On 04.05.2012, the gratuity amount of Rs.98,632/- (Rupees Ninety Eight Thousand Six Hundred and Thirty Two only) was settled to the petitioner. For the earned leave of Rs.36,200/- (Rupees Thirty Six Thousand and Two Hundred only), the respondents have paid 1/4th of leave salary and paid only a sum of Rs.5,080/- (Rupees Five Thousand and Eighty only). The petitioner relied on Rule 45-A of Tamil Nadu Pension Rules read with G.O.Ms.No.122, Finance (Pension)

Department, dated 20.02.1995 wherein gratuity carries interest of 12%, if it is paid beyond one year. The petitioner claimed unearned leave as per G.O.Ms.No. 409 Finance (Pension) Department, dated 31.07.2004. Since the above benefits were not paid, the present writ petition is filed.

5. The first respondent has filed a counter affidavit stating that the respondents Institution is running by the Trustees, represented by the District Collector as Ex-Officio Chairman of the Trust. The Trust was founded under G.O. Ms. No. 2265, Public Health, dated 23.06.1949 under Section 6(1) (b) of the Charitable Endowments Act, 1890 (Central Act VI of 1890). The Trust meet all the expenditures including staff salary and hospital maintenance charges by themselves. There is no provision for paying interest of belated payment of gra