V.Chandran, v. The Deputy Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:01.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.2321/2017 V.Chandran ... Petitioner Vs 1.The Deputy Registrar of Co-operative Societies, Tiruchengodu Circle, Tiruchengodu, Namakkal District.

2.No.S.390, Pothanur Primary Agricultural, Co-operative Credit Society Ltd., rep.by its President, Pothanur-637 208, Namakkal District. .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to pay and settle the terminal benefits of Rs.2,63,431/- along with interest at the rate of 9% p.a. For the belated payment from the date of due on 01.06.2012 till its payment.

For Petitioner : Mr.R.Krishnamoorthy For Respondents : Mr.L.P.Shanmugasundaram, Spl.GP [Coop.]

ORDER

By consent, the writ petition is taken up for final disposal. Mr.L.P.Shanmugasundaram, learned Special Government Pleader [Coop] accepts notice on behalf of the respondents. The petitioner was working as a Salesman in the services of the 2nd respondent / Society and after putting hard and sincere service for more than 28 years, he was permitted to retire from service on 31.05.2012 by way of Resolution passed by the 2nd respondent. According to the petitioner, though he was permitted to retire from service on 31.05.2012, he is yet to be paid with the following retiral benefits:-

[a] Provident Fund [as per Audit Report] Own Rs.

50,326/- By Society Rs.1,00,143/- [b] The arrear of salary fixed as per G.O.Ms No.238 dt.01.04.2000 from 01.04.2000 to 08.11.2015 Rs.1,12,962/- ----------------- Total Rs.2,63,431/- ----------------- and though he has made repeated requests, the amounts have not been settled and in this regard, the petitioner has submitted a representation dated 26.11.2016 to the 2nd respondent and though it was received and acknowledged on 29.11.2016, no orders have been passed so far and hence, he came forward to file the present writ petition.

Heard the learned counsel appearing for the petitioner and Mr.L.P.Shanmugasundaram, learned Special Government Pleader appearing for the respondents. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 26.11.2016 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition stands disposed of with the above direction. No costs.

s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar

To

1. The Deputy Registrar of Co-operative Societies, Tiruchengodu Circle, Tiruchengodu, Namakkal District.

2. The President, No.S.390, Pothanur Primary Agricultural, Co-operative Credit Society Ltd., Pothanur-637 208, Namakkal District.

+1 CC to Mr. R. Krishnamoorthy, Advocate sr 6421 +1 CC to The Govt. Pleader sr 6512 +1 CC to Mr. C.P. Shanmuga Sundaram, sr 6202 W.P.No.2321/2017 UG(CO) sp/13/2