W.P.[MD].No.9223 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

W.P.[MD].No.9223 of 2021

K.Saraswathiammal

W/o.Kasiviswanathan

: Petitioner

Vs.

1.The Commissioner,

Hindu Religious Cum Charitable Endowment,

Nungambakam,

Chennai-34.

2.The Joint Commissioner,

Hindhu Religious Cum Charitable Endowment,

Palayamkottai,

Tirunelveli.

3.The Assistant Commissioner,

Hindhu Religious Cum Charitable Endowment,

Thoothukudi District.

4.The Executive Officer,

Arulmigu Mutharamman Thirukovil,

Kulasekaranpatti,

Tiruchendur Taluk,

Thoothukudi District.

: Respondents

PRAYER : Writ Petition is filed under Article 226 of the

Constitution of India to issue a Writ of Mandamus, to direct the

respondents to pay the retirements benefits amount including the

gratuity with interest at the rate of 18% per annum to the

petitioner within the time that may be stipulated by this Court.

For Petitioner

: Mr.D.S.Haroon Rasheed

For R1 to R3

: Mr.J.Ashok

Additional Public Prosecutor

For R4

: Mr.Muthu Geethaiyan

ORDER

This Writ Petition is filed for a Mandamus, directing the

respondents to pay the retirement benefits including the gratuity

with interest at the rate of 18% per annum to the petitioner.

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W.P.[MD].No.9223 of 2021

2. The case of the petitioner is that the petitioner on

29.09.1994 joined the service of the fourth respondent Temple as a

Sweeper of Thooppu Thelippu on temporary basis and thereafter her

services were regularised and on 31.05.2017, she retired from

service on attaining the age of superannuation. However, the

petitioner was not provided with gratuity and other benefits.

Therefore, she made a representation dated 14.01.2021 before the

respondents. Since the said representation has not been considered

till date, the present writ petition is filed.

3. The learned counsel for the respondents submitted that in

the year 1994, the petitioner was appointed only as a Sweeper of

Thooppu Thelippu on daily wage basis and thereafter, she has been

accommodated on consolidated pay and she was brought into time scale

of pay only in the year 2011. Thereafter, the petitioner retired

from service within a short time, i.e. in the year 2017. At the

time of retirement, the petitioner was also disbursed with gratuity

and Employee's Provident Fund. He further submitted that the

petitioner was appointed permanently on regular time scale in the

year 2015 and retired from service in the year 2017. Since the

petitioner has not completed 10 years of regular service, she is not

entitled for pension. Therefore, the request of the petitioner was

rejected by the Commissioner on 19.01.2021 and the same has also

been communicated to the petitioner on 31.08.2021.

4. Since the respondents had taken a decision by proceedings

dated 19.01.2021, this Court is not inclined to entertain this writ

petition. Accordingly, the Writ Petition is dismissed with liberty

to the petitioner to challenge the proceedings dated 19.01.2021 in

the manner known to law, if she is advised so. No Costs.

Sd/-

Assistant Registrar(CRL SIDE)

// True Copy //

/ /2021

Sub Assistant Registrar(CS)

tta

To

1.The Commissioner,

Hindu Religious Cum Charitable Endowment,

Nungambakam, Chennai-34.

2.The Joint Commissioner,

Hindhu Religious Cum Charitable Endowment,

Palayamkottai, Tirunelveli.

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W.P.[MD].No.9223 of 2021

3.The Assistant Commissioner,

Hindhu Religious Cum Charitable Endowment,

Thoothukudi District.

4.The Executive Officer,

Arulmigu Mutharamman Thirukovil,

Kulasekaranpatti,

Tiruchendur Taluk,

Thoothukudi District.

+1 CC to M/s.M.MUTHU GEETHAYAN, Advocate ( SR-37128[F] dated

02/12/2021 )

+1 CC to M/s.SPL GP ( SR-37229[F] dated 03/12/2