2025 Supreme(Online)(Mad) 44171
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J
MR. ANCHI KAN – Appellant
Versus
THE CHIEF GENERAL MANAGER-(PERSONNEL) – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-07-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 11895 of 2024 Mr.Anchi Kan S/o.(late) Karuppanan R No. JOQ-03, New Town Bhadravathi - 577301 Petitioner(s)
Vs
1. The Deputy Manager-(Personnel)
Steel Authority of India Limited Salem Steel Plant Salem 636 013
2.The General Manager- (Finance And Accounts)
Steel Authority of India Limited Salem Steel Plant Salem 636 013
3.The Executive Director Steel Authority of India Limited Salem Steel Plant Salem 636 013 Respondent(s)
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 1st respondent bearing No. PL-3(M133) dated 03.02.2024 and quash the same and consequently direct the respondents to release the gratuity amount of a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) along with interest at 18% per annum from 01.04.2023 till the date of disbursement, payable to the petitioner, to and in favour of the petitioner herein, For Petitioner Mr.R.Bharadwaja Ramasubramaniam for M/s Vivrti Law For Respondents Mr.N.Nithianandam
ORDER
This writ petition has been filed challenging the impugned proceedings of the first respondent dated 03.02.2024 and for a consequential direction to the respondents to release the gratuity amount of a sum of Rs.20,00,000/- with 18%
interest per annum from 01.04.2023 till the date of disbursement.
2. When this writ petition came up for hearing on 19.06.2025, this Court passed the following order:-
“Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing on behalf of the respondents.
2. The entire dispute involved in the present writ petition pertains to the retention and non-payment of a sum of Rs.20,00,000/- to the petitioner towards gratuity amount.
3. It is not in dispute that the petitioner superannuated in December, 2022. The petitioner seems to have made a representation to permit him to stay in the quarters for three years. This representation was not acted upon and decided and hence the petitioner continues to stay in the quarters till date.
4. The respondents were insisting for no due certificate in order to release the gratuity amount to the petitioner. The petitioner was not able to get the no due certificate, since he has not vacated the premises.
5. The petitioner loses his right to retain the quarters after his retirement. There is no legal right available to the petitioner to retain the quarters, since the employer-employee relationship snaps. However, the petitioner has managed to retain the quarters from December, 2022 onwards. It is made clear that the petitioner will vacate and handover the quarters on or before 31.08.2025. The monthly rent payable for the quarters from December, 2022 to August, 2025 shall be calculated and informed to this Court. This amount shall be paid by the petitioner and on payment of the same, the no due certificate can be issued and the sum of Rs.20,00,000/- payable to the petitioner towards gratuity amount can be released. In the alternative, the amount payable by the petitioner can be deducted from the gratuity amount payable to the petitioner.
6. When the above was suggested by this Court, the learned counsel for petitioner and the learned standing counsel for respondents sought for some time to take instructions. Post this writ petition under the caption 'part heard case' on 27.06.2025.”
3. The matter was listed for hearing on 27.06.2025 and the following order came to be passed by this Court:-
“When the matter was taken up for hearing today, the learned Standing Counsel appearing on behalf of the respondent produced the written instructions received from the 2nd respondent. The relevant portions are extracted hereunder:
It is to be mentioned that as per official records, before his promotion and transfer from VISL to SSP, Shri Anchi KAN was in occupation of company quarter at VISL, Badhravathi in the