G.Jayanthi, v. The Registrar Of Cooperative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2018
CORAM:
THE HON'BLE MR. JUSTICE T. RAJA W.P. No.4 of 2018 G. Jayanthi Petitioner vs.
The Registrar of Cooperative Societies No.170, E.V.R. Periyar High Road N.V.N. Natarajan Maaligai Kilpauk Chennai 600 010 The Joint Registrar of Cooperative Societies Cuddalore Region Beach Road Saravanabava Supermarket Compound Pudupalayam Cuddalore - 1 The Deputy Registrar of Cooperative Societies Cuddalore Circle No.8, Dhandapani Nagar Maruthi Hospital Backside Vilva Nagar Cuddalore - 1 The President Cuddalore District Public Health Department Employees Cooperative Credit Society Ltd. FC 2830 No.9, Appavoo Street Dr. Sedhu Clinic Upstairs Pudupalayam Cuddalore - 1 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to disburse the petitioner's retirement benefits like Earned Leave and Unearned Leave on private affairs to the tune of Rs.3,65,944/- together with 12% interest from the date of retirement, i.e., 30.09.2016 to the petitioner.
For petitioner :
Mr. C. Prakasam For respondents:
Mr. L.P. Shanmugasundaram Special Government Pleader (Co-op.)
ORDER
Mr. L.P. Shanmughasundaram, learned Special Government Pleader, accepts notice for the respondents. With the consent of the learned counsel on either side, this writ petition is taken up for final disposal at the admission stage itself. This writ petition has been preferred seeking a writ of mandamus directing the respondents to disburse the petitioner's retirement benefits like Earned Leave and Unearned Leave on private affairs to the tune of Rs.3,65,944/- together with 12% interest from the date of retirement, i.e., 30.09.2016. The petitioner was appointed as Record Clerk in the fourth respondent society on 11.05.1987 and after getting promoted to the posts of Clerk and Accountant, she, on reaching the age of superannuation, retired as Secretary of the fourth respondent Society on 30.09.2016.
Her grievance is that despite the proposal dated 30.09.2016 given by the fourth respondent Society, she has not been paid with retirement benefits. A perusal of the aforesaid proposal given by the fourth respondent Society shows that the petitioner is entitled to get the retirement benefits which have not been disbursed to her. Therefore, this Court has no impediment in directing the respondents to disburse the petitioner's retirement benefits and accordingly, it is directed that the respondents shall disburse the petitioner's retirement benefits within a period of four weeks from the date of receipt of a copy of this order, provided she is otherwise eligible to receive the same. With the above direction, this writ petition stands disposed of. Costs made easy.
Sd/- Deputy Registrar /true copy/ Sub Asst. Registrar cad To The Registrar of Cooperative Societies No.170, E.V.R. Periyar High Road N.V.N. Natarajan Maaligai Kilpauk Chennai 600 010
The Joint Registrar of Cooperative Societies Cuddalore Region Beach Road Saravanabava Supermarket Compound Pudupalayam Cuddalore - 1 The Deputy Registrar of Cooperative Societies Cuddalore Circle No.8, Dhandapani Nagar Maruthi Hospital Backside Vilva Nagar Cuddalore - 1 The President Cuddalore District Public Health Department Employees Cooperative Credit Society Ltd. FC 2830 No.9, Appavoo Street Dr. Sedhu Clinic Upstairs Pudupalayam Cuddalore - 1 +1cc to Mr. C. Prakasam, Advocate sr.no.521 W.P. No.4 of 2018 nr 24/01/2018