S.M.Thiruvenkadam 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.9989 of 2017 S.M.Thiruvenkadam ..
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 Store Ltd., No.155/4, J.N.Road 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 11.01.2016 made in Na.Ka.No.978/2015/A3 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 stores on 24.12.83 and subsequently promoted as Junior Assistant on 23.1.2008 and also as Superintendent on 1.8.2011. Thereafter, on reaching the age of superannuation on 31.3.2014, the petitioner was allowed to retire from service by the third respondent. However, the third respondent issued a charge memo stating that only after completion of the disciplinary proceedings, his retiral benefits will be disbursed
vide order dated 28.3.2014 bearing Na.Ka.No.1 of 2014. Challenging the same, the petitioner filed W.P.No.27343 of 2014 and this Court passed an order on 15.10.2014 directing the disciplinary authority to conclude the enquiry within a period of three months. Thereafter, the disciplinary authority concluded the enquiry and passed final orders on 16.2.2015 for stoppage of increment for two years without cumulative effect for the period 1.7.2012 and 1.7.2013 and ordered to recover the same from the earned leave salary of the petitioner, since the petitioner had retired from service. Aggrieved by the said order, the petitioner filed a revision under Section 153 of the Tamil Nadu Cooperative Societies Act before the second respondent. Finally the revisional authority, considering the case of the petitioner, setting aside the order dated 16.2.
2015, passed final orders on 11.1.2016 directing the third respondent to disburse the retiral benefits to the petitioner. But finding no response, he has given representations on 11.1.2017 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 11.1.2016 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 Stores Ltd., No.155/4, J.N.Road Thiruvallur, Thiruvallur District +1 CC to Govt. Pleader sr 25331 +1 CC to Mr.C. Prabakaran, Advocate sr 25080 W.P.No.9989 of 2017 CA(CO) sp/5/5