M.Thavamani v. The Joint Registrar Of Co-Operative Societies/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Thavamani ... Petitioner Vs.

1.The Joint Registrar of Cooperative Societies/ Common Cadre Authority, Thiruvannamalai Region, Thiruvannamalai District 2.The Deputy Registrar of Cooperative Societies, Thiruvannamalai District 3.The Management of H.H.495, Periyakolapadi Primary Agricultural Cooperative Credit Society, Rep. By its Administrator/Secretary, Periyakolapadi & Post, Chengam Circle, Thiruvannamalai District ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the 1st respondent / Chairman of common cadre authority to consider petitioner's representation dated 14.12.2023 and issue appropriate directions to the 1/4

2nd and 3rd respondents to pay petitioner balance retirement benefits namely Gratuity of Rs.47,446/-, Leave Encashment of Rs.16,448/- and Salary due from 07.09.2020 to 12.03.2020 of Rs.3,28,657/- with interest 10 % Rs.2,48,444/- and a total amount of Rs.6,40,995/- with 10% statutory interest from the date of retirement i.e. 30.11.2022 till the payment is made within stipulated time fixed by this Court. For Petitioner : Mr.L.P.Shanmugasundaram For Respondents For R1 & 2 : Mr.S.Ravikumar, Special Government Pleader For R3 : Mr.S.Rajesh, Government Advocate

ORDER

This writ petition has been filed for direction to the 1st respondent / Chairman of common cadre authority to consider petitioner's representation dated 14.12.2023 and issue appropriate directions to the 2nd and 3rd respondents to pay petitioner's balance retirement benefits namely Gratuity of Rs.47,446/-, Leave Encashment of Rs.16,448/- and Salary due from 07.09.2020 to 12.03.2020 of Rs.3,28,657/- with interest 10 % Rs.2,48,444/- and a total amount of 2/4

Rs.6,40,995/- with 10% statutory interest from the date of retirement i.e. 30.11.2022 till the payment is made within stipulated time fixed by this Court.

2.

Heard, the learned counsel appearing on either side. 3.

Without expressing any opinion on merits of the writ petition, the first respondent is directed to consider the representation of the petitioner dated 14.12.2023 and, after conducting due enquiry and after giving opportunity of hearing to the petitioner, to pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of copy of this order.

4.

With the above direction, this writ petition is disposed of. There shall be no order as to costs.

27.03.2024 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Joint Registrar of Cooperative Societies/ Common Cadre Authority, Thiruvannamalai Region, Thiruvannamalai District 2.The Deputy Registrar of Cooperative Societies, Thiruvannamalai District 3.Administrator/Secretary, The Management of H.H.495, Periyakolapadi Primary Agricultural Cooperative Credit Society, Periyakolapadi & Post, Chengam Circle, Thiruvannamalai District 27.03.2024 4/4