S.Jayachandran v. The Principal Secretary to Government

ORDER The Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondents to sanction all retirement benefits and monetary benefits and disburse the arrears along with interest for the delayed payment of gratuity at the rate of 10% and to pay the earned leave salary together with eligible interest at the rate of 12% from date of retirement till date of payment.

¶2In the affidavit filed in support of the Writ Petition, it had been contended that the writ petitioner had joined the services of the second respondent on 03.02.1984. It had been further stated that the petitioner belongs to the staff category and was granted scale of payment as applicable to the Tamil Nadu Government Servants, who were holding similar posts at the time of appointment of the petitioner. The petitioner retired from service on attaining the age of superannuation on 31.12.2016.

¶3It is contended that the accumulated earned leave and gratuity and also the revised pay will have to be paid to the petitioner herein. It had been stated that inspite of several representations, the earned leave and gratuity had not been paid to the petitioner herein.

¶4Heard the learned Special Government Pleader, appearing for the respondents also.

¶5It had been contended that as soon as the Government sanctions funds, the retirement benefits would be paid to the retired employees immediately on the basis of seniority.

¶6Taking into consideration all the factors, a Mandamus is issued directing the respondents to disburse the retirement benefits payable to the petitioner herein together with interest at 6% p.a., within a period of two months from the date of sanction of funds by the Government in accordance with the seniority.

¶7The Writ Petition stands disposed of. No order as to costs. 15-04-2025 sli Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The Principal Secretary to Government Environment, Climate Change And Forest Department / Ex- Officio Chairman For Tamil Nadu Tea Plantation Corporation, Fort St. George, Chennai-09.

2.Tamil Nadu Tea Plantation Corporation Ltd, Rep By Its Managing Director, Orange Grove Road, Coonoor-643 101.

3.The Divisional Manager Tamil Nadu Tea Plantation Corporation Ltd., Lawson Tea Division, Cinchona And Post, Valaparai Taluk, Coimbatore District. C.V.KARTHIKEYAN J. sli

15-04-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-04-2025 CORAM THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN S.Jayachandran, S/o.K.Sunderajan,. Petitioner(s) Vs. 1. The Principal Secretary to Government, Environment, Climate Change And Forest Department / Ex- Officio Chairman For Tamil Nadu Tea Plantation Corporation, Fort St. George, Chennai-09. 2.Tamil Nadu Tea Plantation Corporation Ltd, Rep By Its Managing Director, Orange Grove Road, Coonoor- 643 101. 3.The Divisional Manager, Tamil Nadu Tea Plantation Corporation Ltd., Lawson Tea Division, Cinchona and Post, Valaparai Taluk, Coimbatore District. Respondent(s) PRAYER: This writ petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the 1 st and 2 nd respondents to sanction and disburse all the petitioner's retirement benefits and monetary entitlements, including arrears, along with interest for the delayed differential payment of gratuity at the rate of 10% per annum, and to pay the earned leave salary with interest at the rate of 12 % per annum, effective from 31.02.2016 and One Man Commission arrears for 109 days, by duly considering the petitioner's representation dated 29.12.2024 within the time frame fixed by this Court. For Petitioner(s): Mr.M.Dinesh K.Swetha A.Meharun Nathira P.Bhavani For Respondent(s): Dr.T.Seenivasan Spl.GP