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Showing contexts for: matriculation school in R. Viji W/O. R. Mohana Sundaram vs The Secretary on 26 August, 2025Matching Fragments
The Writ petition has been filed to direct the respondents to make payment of gratuity payable to the petitioner along with simple interest at 8% per annum from the date of cessation of service of the petitioner to the date of making payment.
2. The learned counsel appearing for the petitioner would submit that the petitioner was working as Science Assistant in the Ramakrishna Vidyalaya Matriculation Higher Secondary School, Villupuram and had been working in the above institution from 19.06.1998 to 09.02.2004 i.e., 5 years 7 months and 20 days and subsequently, resigned from the said post upon being selected in the position of the Science Teacher in the School Education Department of the State Government and she got relieved from that post on 09.02.2004. Thereafter, the Management of the respondent School has not settled the gratuity amount payable to the petitioner. As per Section 4(1)(b) of the https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/09/2025 03:35:35 pm ) Payment of Gratuity Act, the gratuity shall be payable to the employee on the termination of his employment after he / she rendered continuous service for not less than five years on his retirement or resignation. Section 4(2) of the said Act says that for every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days wages based on the rate of wages last drawn by the employee. As per Sub-Section (1) of Section 7 says that a person who is eligible for payment of gratuity under this Act or any person authorized, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed, for payment of such gratuity. While so, even after lapse of 20 years, the respondent School has not settled the gratuity amount to the petitioner. Therefore, the petitioner approached the School management in the year 2015 and a Resolution was passed by the Management on 21.08.2015. Subsequently, in June 2019, Sri Ramakrishna Educational Society Management has handed over all these Schools to the Kolkata Ramakrishna Mission Management by virtue of a settlement deed with an assurance that as soon as they take charge, they will give gratuity to all, in accordance with the rules and regulations of the Government. In this regard, the new Society "Ramakrishna Mission, Villupuram" has also passed a Resolution that "an employee / Staff shall be entitled to gratuity as per the provisions of the Payment of Gratuity Act. In spite of that, no any payment https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/09/2025 03:35:35 pm ) was made to the petitioner and therefore, the petitioner has filed this Writ petition.
4. Heard both sides and perused the materials available on record.
5. In this case, the petitioner has filed this Writ petition to direct the https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/09/2025 03:35:35 pm ) respondents to pay gratuity amount payable to her. According to the petitioner, she worked under the Management of Sri Ramakrishna Vidyalaya Matriculation Higher Secondary School, Villupuram as Science Assistant from 19.06.1998 to 09.02.2004. Subsequently, she resigned her job and joined in a Government School and thereafter, no gratuity amount was settled to her and thereby, she approached this Court by way of filing a Writ of Mandamus to direct the respondents to pay gratuity payable to her. The petitioner has not approached the Controlling Authority under the Payment of Gratuity Act and straight away, she approached this Court by way of filing this Writ petition.
6. It is settled law that if any alternative remedy is available, without exhausting that remedy, he cannot file Writ petition. In this case, the petitioner, without approaching the appropriate Authority under the Payment of Gratuity Act, she has straight way approached this Court. On that ground itself, the Writ petition is liable to be dismissed. Moreover, the date of resignation is 09.02.2004 and now the Writ petitioner has filed this petition in the year 2023. In the meantime, the erstwhile Management of Sri Ramakrishna Vidyalaya Matriculation Higher Secondary School, Villupuram was taken over by the 1st respondent in the year 2019. Therefore, according to the respondent, there are no records available with them. Even assuming https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/09/2025 03:35:35 pm ) that this Writ petition is maintainable, according to the respondents, there are no records available with the 1st respondent due to efflux of time in respect of the employment of the petitioner.
1. The Deputy Labour Commissioner (Gratuity), O/o. The Joint Labour Commissioner, Government Training Centre Complex, Abdullapuram, Vellore - 632 010.
2. The Director of Matriculation Schools, DPI Complex, College Road, Nungambakkam, Chennai - 600 006.
3. The District Education Officer of Private Schools, Rescue and Disaster Management Old Building, Master Plan Complex, https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/09/2025 03:35:35 pm ) Villupuram District Collector Complex, Villupuram - 605 602.