← Library
Madras High CourtWP/19838/2020disposed of

R.Selvaraj v. The Joint Registrar

2022-02-11Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.19838 of 2020 R.Selvaraj ... Petitioner Vs.

1. The Joint Registrar, Co-operative Societies,

2. Pasumbalur Primary Agriculture Co-operative Societies, Pasumbalur Post, Veepanthatai Taluk, Perambalur District, By its President.

... Respondent PRAYER: This Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents to pay a sum of Rs.1,430/- as 2 days wages for 01.08.2013 and 02.08.2013, Rs.1,200/- towards employee compassionate amount, Rs.9,890/- towards surrender leave salary, Rs.7,251/- as revised salary arrears, Rs.1,000/- as staff security arrears, Rs.11,879/- as encashment of earn leave salary amount, Rs.39,041/- as arrears of gratuity amount and Rs.4,49,251/- as interest for the delayed payment the arrears in altogether Rs.5,20,942/- to the petitioner within a stipulated period and pass such other relief this Court may deem fit and proper in the nature and circumstances of the case. For Petitioner : Mr.M.Sridhar For Respondents : Mrs.S.Anitha Special Government Pleader

O R D E R

This writ petition has been filed to direct the respondents to pay a sum of Rs.1,430/- as 2 days wages for 01.08.2013 and 02.08.2013, Rs.1,200/- towards employee compassionate amount, Rs.9,890/- towards surrender leave salary, Rs.7,251/- as revised salary arrears, Rs.1,000/- as staff security arrears, Rs.11,879/- as encashment of earn leave salary amount,

Rs.39,041/- as arrears of gratuity amount and Rs.4,49,251/- as interest for the delayed payment the arrears in altogether Rs.5,20,942/- to the petitioner within a stipulated period. 2.Brief facts of the case:

(i).Initially, the petitioner was working as a clerk in the first respondent Society and he was relived from the Society on 03.08.2013. Thereafter, he was appointed as Assistant in the Tiruchirapally District Central Co-operative Bank Limited by the Joint Registrar cum Managing director in the proceedings No.184/09-010 (A1), dated 03.08.2013. Hence, he is entitled to receive the Provident Fund, gratuity and other benefits from the first respondent Society for the service rendered by him. Seeking the aforesaid benefits, he has given an application before the Deputy Registrar Co-operative Society, Perambalur and the Deputy Registrar Co-operative Society has issued proceedings in Na.Ka.No.600/2016/VESESA(1) dated 11.12.2012 by directing the first respondent to pay the aforesaid benefits.

But the first respondent has not complied with the same. Again, the petitioner has sent letters to the Deputy Registrar Co-operative Society, Perambalur, dated 11.12.2015, 03.02.2016 & 22.04.2016 regarding payment of his monitory benefits as stated above, but the first respondent has not paid any amount. (ii).Hence, the petitioner has filed a writ petition before this Court in W.P.No.34435 of 2016 praying to direct the respondents to pay his monitory benefits of Rs.6,77,478/- with 12% interest till the date of payment to him. By an order dated 03.10.2016, the learned Judge has directed the petitioner to give fresh representation to the respondent by narrating his grievances.

(iii).As per the orders of this Court dated 03.10.2016, petitioner has given a fresh representation but the respondents did not pay the arrears amount. Thereafter, on 27.09.2018, the first respondent has paid a sum of Rs.3,40,236/- to the petitioner and on 12.02.2019, the second respondent has paid the amount payable to the petitioner without interest and also not paid a sum of Rs.1,430/- as 2 days wages for 01.08.2013 and 02.08.2013, Rs.1,200/- towards employee compassionate amount, Rs.9,890/- towards surrender leave salary, Rs.7,251/- as revised salary arrears, Rs.1,000/- as staff security arrears, Rs.11,879/- as encashment of earn leave salary amount, Rs.39,041/- as arrears of gratuity amount and Rs.4,49,251/- as interest for the delayed payment the arrears in altogether Rs.5,20,942/- to the petitioner within a stipulated period. In spite of several representations, the second respondent has not paid the above said amount. Hence, the present writ petition.

3.The learned counsel appearing for the petitioner submitted that, initially the petitioner was working as a clerk in the first respondent Society and he was relived from the Society on 03.08.2013. Thereafter, he was appointed as Assistant in the Tiruchirapally District Central Co-operative Bank Limited by the Joint Registrar cum Managing director in the proceedings No.184/09-010 (A1), dated 03.08.2013. Further, after several representations and as per the orders of this Court, the first respondent has paid a sum of Rs.3,40,236/- to the petitioner but the second respondent has not paid the amount payable to the petitioner. Hence, he seeks for payment of the aforesaid amount to the petitioner.

4.The learned Additional Government Pleader, appearing for the respondents submitted that the petitioner's representation to pay his provident fund, gratuity and other benefits will be considered and the amount payable to the petitioner will be paid by the second respondent/Pasumbalur Primary Agriculture Cooperative Societies in accordance with the law. 5.Heard the learned respective counsel and perused the materials placed on record.

6.In view of the submissions made by the parties and considering the scope of the prayer in the writ petition, this Court directs the second respondent to consider the representation of the petitioner dated 15.02.2020 and pass appropriate orders on merits in accordance with law as early as possible preferably within a period of twelve weeks from the date of receipt of copy of this order.

7.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Dua To

1. The Joint Registrar, Co-operative Societies,

2. The President, Pasumbalur Primary Agriculture Co-operative Societies, Pasumbalur Post, Veepanthatai Taluk, +1cc to Mr.S.Muthukrishnan, Advocate, S.R.No.8945 W.P.No.19838 of 2020 GPL[co] NSK 16/03/2022