IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 27.03.2025 PRONOUNCED ON : 09.04.2025 PRESENT:

THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE W.P.Nos.14381 of 2020 & 23255 of 2021 and W.M.P.Nos. 17846 of 2020 & 24542 of 2021 The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation (TANGEDCO), Krishnagiri Electricity Distribution Circle, Formerly Dharmapuri Electricity Distribution Circle, Krishnagiri – 636 905 Tamil Nadu. ….Petitioner in both W.P.s Vs.

1.The Assistant Commissioner of Labour, O/o. The Deputy Commissioner of Labour, Authority under the Payment of Subsistence Allowance Act, 1971 Salem.

2.The Joint Commissioner of Labour Authority under the Payment of Subsistence Allowance Act, 1971, Salem.

3.Tmt.Ammaiya (Alias) Thimmakka W/o.(Late) Muniappa, Dharmapuri, Now at 38/50, 26^th Main road, 36^th cross panchankarai, 2^nd stage, Opp., to fire station, Dhobighat, Bangalore – 560 070. ….Respondents in W.P.No.14381 of 2020

1.The Controlling Authority under Payment Of Gratuity Act, Office of Joint Commissioner of Labour Salem – 8.

2.Mrs.Thimakka @ Ammaya, W/o.Late. T. Muniyappa, C/o.Sankarappa, 3850, 26^th Main 36^th Cross, Banshankari 2^nd stage, Opp., fire station, Near Dhobi Ghat, Bangalore – 560 070. ….Respondents in WP 23255 of 2021 Prayer in W.P.No.14381 of 2020:

To issue a Writ of Certiorari calling for the records of the 2^nd Respondent in APSA No.4 of 2019 and quash its order dated 26.11.2019 confirming the order of the 1^st Respondent in PSA No. 9 of 2017 dated 09.01.2019 and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

Prayer in W.P.No.23255 of 2021:

To issue a Writ of Certiorari calling for the records of the First respondent in P.G.No.68 of 2019 and quash its order dated 02.03.2021 and pass such further or other orders as this Hon’ble Court may deem fit in the circumstances of the case.

Prayer in WMP No.17846 of 2020:

To grant an interim injunction restraining the 2^nd Respondent from disbursing the sum of Rs.7,08,864/- (Rupees seven lakh and eight thousand eight hundred and sixty four only) deposited to the credit of APSA No.4 of 2019 pending disposal of the writ petition and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

Prayer in WMP No. 24542 of 2021:

To stay the operation of the order of the 1^st Respondent in P.G.No.68 of 2019, dated 02.03.2021, pending disposal of the Writ Petition and pass such further or other orders as this Hon’ble Court may deem fit in the circumstances of the case.

Appearance of Parties:

For Petitioner : Mr.Venkatesh Prasad A.P.

In both WPs For M/s.T.S.Gopalan & Co, Advocates.

For Respondents 1 and 2 In WP No.14381/2020 and : Mr.K.Suresh, Govt. Advocate For Respondent In WP No.23255/2021 For Respondent 3 In WP 14381/2020 and : Mr.S.Ayyadurai, Advocate For Respondent 2 In WP 23255/2021 C O M M O N J U D G E M E N T Heard.

2. Both writ petitions have been filed by the petitioner, who is the Superintending Engineer, Krishnagiri Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation (TANGEDCO). The contesting respondent in both writ petitions—namely, the third respondent in the first writ petition and the second respondent in the second writ petition—is the same individual: the widow of the late T. Muniappa, who served as a Line Inspector in TANGEDCO. The other respondents are the statutory authorities under the Tamil Nadu Payment of Subsistence Allowance Act, 1981, and the Controlling Authority under the Payment of Gratuity Act, 1972, respectively. Although the subject matter of the two writ petitions differs—one concerning a claim for subsistence allowance and the other for gratuity—the parties are identical, and the claims arise out of the service and death of the same employee. Therefore, the matters have been heard together and are being disposed of by this common judgment.

W.P.No.14381 of 2020 (claim for subsistence allow