← Library
Madras High CourtWP/8544/2025disposed of

N.Pitchandi v. The Registrar Of Co-Operative Societies,

2025-08-04Honourable Mr.Justice C.Kumarappan4 pages

WP NO. 8544 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-08-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP NO. 8544 of 2025 N.Pitchandi S/o.Natarajan, No.2/235, Nrth Street, Kappalore Village And Post, Kalasavakkam Taluk-606 751, Tiruvannamalai District.

Petitioner(s) Vs

1. The Registrar Of Co-operative Societies, Office Of The Cooperative Registrar, Nvn Natarajan Maligai, No.170, Periyar Evr High Road, Kilpauk, Chennai-10.

2. The Joint Registrar Of Cooperative Societies, Venkikal, Collectorate Compound, Tiruvannamalai District-606 604.

3. The Deputy Registrar Of Cooperative Societies, Tiruvannamalai Circle, Collectorate Compound, Tiruvannamalai Town, Tiruvannamalai District.

4. The Secretary, Gg 515 Pillur Primary Agricultural Cooperative Credit Society, Pillur Village, Thenpallipattu Post-606 751, Kalasapakkam Taluk, Tiruvannamalai District.

Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the entire terminal benefits of the petitioner a sum of Rs.28,37,488/- (Rupees Twenty Eight Lakhs Thirty seven thousand four hundred and eighty eight only) due under the heads of Gratuity, surrender of Earned Leave along with the interest at the rate of 12 percent

p.a from the date of retirement of the petitioner i.e., 30.06.2023 till the date of payment besides provident fund contribution of the petitioner and contribution of the society on admissible interest from the date of subscription apart from 12 percent interest for delayed payment from the date of retirement till date of payment by the respondents.

For Petitioner(s): M/s. K.C.Muthulakshmi For Respondent(s): Dr.Suriya, A.G.P., For R1 To R4

ORDER

The learned counsel for the petitioner would submit that the petitioner has retired from service on 30.06.2023. However, his terminal benefit has not been settled by the respondent for the past two years. According to the petitioner, his retirement benefits of Rs.28,37,488/- is due from the Respondents Society.

2. However, the Special Government Pleader appearing for the respondents 1 to 4 would submit that according to their account, it is only Rs.26,76,822/- and not Rs.28,37,488/- as claimed by the petitioner.

3. There is a dispute on the quantum of terminal benefits between the petitioner and the respondents Society. This Court does not want to go into the disputed fact. Further, since the Special Government Pleader would fairly admitted that they are liable to pay Rs.26,76,822/- as per the Status Report filed by the Deputy Registrar of

Co-operative societies at Tiruvannamalai, on 07.04.2025, this Court deems it appropriate to direct the respondents 1 to 4 to settle the admitted amount of Rs.26,76,822/- within a period of three months from the date of receipt of copy of this order to the petitioner. In the above admitted amount, the respondents 1 to 4 are directed to pay the 1st instalment in sum of Rs.10 Lakhs within a period of four weeks from the date of receipt of copy of this order. 4.This Court makes clear that the petitioner is entitled for interest @10% p.a. from the date of retirement till the actual disbursement of the terminal benefits. Further, it makes clear that if there is any other arrears to be paid by the respondents 1 to 4, the petitioner is given liberty to approach the appropriate forum in accordance with law to claim the difference amount.

5. In view of the aforesaid directions, the Writ petition is disposed of. No costs. 04-08-2025 Index: Yes/No Speaking/Non-speaking order Lbm

C.KUMARAPPAN, J.

Lbm To

1. The Registrar Of Co-operative Societies, Office Of The Cooperative Registrar, Nvn Natarajan Maligai, No.170, Periyar Evr High Road, Kilpauk, Chennai-10.

2. The Joint Registrar Of Cooperative Societies, Venkikal, Collectorate Compound, Tiruvannamalai District-606 604.

3. The Deputy Registrar Of Cooperative Societies, Tiruvannamalai Circle, Collectorate Compound, Tiruvannamalai Town, Tiruvannamalai District.

4. The Secretary, Gg 515 Pillur Primary Agricultural Cooperative Credit Society, Pillur Village, Thenpallipattu Post-606 751, Kalasapakkam Taluk, Tiruvannamalai District. WP No. 8544 of 2025 04-08-2025