M.Narayanamurthy, v. The Registrar Of Co-Operative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.9988 of 2017 M.Narayanamurthy ..
Petitioner -vs1. The Registrar of Co-operative Societies NVN Maaligai No.170, EVR Periyar Salai Kilpauk, Chennai 600 010
2. The Joint Registrar of Co-operative Societies Thiruvallur District Thiruvallur
3. The President/Managing Director Thiruvallur District Consumer Co-operative Wholesale Society Ltd., Thiruvallur, Thiruvallur District ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the third respondent to pay the retirement benefits to the petitioner with all monetary emoluments in pursuance of the order dated 29.02.2016 made in Na.Ka.No.1433/2015/A5 passed by the second respondent forthwith.
For Petitioner :: Mr.C.Prabakaran For Respondents :: Mrs.T.Girija Government Advocate for R1 & 2 Mr.L.P.Shanmughasundaram for R3
ORDER
The petitioner was appointed as Salesman in the third respondent society on 22.12.85 and subsequently promoted as Junior Assistant on 22.1.2008. Thereafter, on reaching the age of superannuation on 30.6.2014, the petitioner was allowed to retire from service by the third respondent. However, the third respondent initiated surchare proceedings stating that only after completion of the surcharge proceedings, his retiral benefits will be disbursed vide order dated 30.6.2014 bearing Na.Ka.No.21 of 2014. Challenging the same, the petitioner filed
W.P.No.27494 of 2014 and this Court passed an order on 16.10.2014 directing the petitioner to file a revision under Section 153 of the Tamil Nadu Cooperative Societies Act. Accordingly, the petitioner filed a revision under Section 153 of the Tamil Nadu Cooperative Societies Act. Finally the revisional authority, considering the case of the petitioner, setting aside the order dated 30.6.2014, passed final orders on 29.2.2016 directing the third respondent to disburse the retiral benefits to the petitioner. But finding no response, he has given representations on 23.1.2017 and 14.3.2017. The same having not been responded to favourably by the third respondent, he has come to this Court.
2. Mr.L.P.Shanmughasundaram, learned counsel, taking notice on behalf of the third respondent, sought four weeks time to consider and pass appropriate orders on the representations of the petitioner.
3. This Court, in the light of the order dated 29.2.2016 passed by the revisional authority under Section 153 of the Tamil Nadu Cooperative Societies Act, hereby directs the third respondent to pass appropriate orders on the aforementioned representations of the petitioner for disbursement of the retiral benefits within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To
1. The Registrar of Co-operative Societies NVN Maaligai No.170, EVR Periyar Salai Kilpauk, Chennai 600 010
2. The Joint Registrar of Co-operative Societies Thiruvallur District Thiruvallur
3. The President/Managing Director Thiruvallur District Consumer Co-operative Wholesale Society Ltd., Thiruvallur, Thiruvallur District +1 CC to Mr.C. Prabakaran, Advocate sr 25079 +1 CC to Govt. Pleader sr 25324 +1 CC to Mr.L.P. Shanmuga Sundaram, Advocate sr 24808 W.P.No.9988 of 2017 CA(CO) sp/5/5