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Madras High CourtWP/10686/2026disposed of

S.Saraswathi v. The Joint Registrar Of C-Operative Societies

2026-03-23Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA S.Saraswathi Secretary (Retd), CC 2350,Alathur Primary Agricultural Co-Operative Credit Society, Alathur Post, Sevur Via, Avinashi Taluk, Tiruppur District.

..Petitioner(s) Vs

1. The Joint Registrar of C-Operative Societies Office of Joint Registrar of C-Operative Societies, No.407,4th Floor, District Collectorate office Campus, Palladam Road, Tiruppur- 641 604.

2. The Deputy Registrar of C-Operative Societies Office of the Deputy Registrar of C-Operative Societies, Tiruppur Circle, Palladam Road, Tiruppur- 641 604.

3. The Administrative Executive Officer CC 2350, Primary Agricultural Co-Operative Credit Society, Aalathur Post, Sevur Via, Avinashi Taluk, Tiruppur District.

..Respondent(s) PRAYER: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondents to pay the entire balance terminal benefits pending payable to the petitioner a Sum of Rs. 13,19,688/- towards provident Fund, Gratuity and Encashment of Surrender Leave along with 12 percent interest from the date of retirement till the date

of disbursement of the entire amount along with interest for Rs.1,06,000 /- for 10 years towards delayed payment.

For Petitioner(s):

Ms.K.C.Muthulakshmi For Respondent(s):

Mr.M.Muthusamy, GA

ORDER

The writ petition has been filed for the following relief: "directing the respondents to pay the entire balance terminal benefits pending payable to the petitioner a Sum of Rs. 13,19,688/- towards provident Fund, Gratuity and Encashment of Surrender Leave along with 12 percent interest from the date of retirement till the date of disbursement of the entire amount along with interest for Rs.1,06,000 /- for 10 years towards delayed payment."

2. It is the case of the petitioner that the petitioner was appointed as Clerk in the third respondent society on 09.07.1986 and thereafter, promoted as Assistant on 01.01.1991 and finally promoted as Secretary on 27.08.2012 and retired from service on 31.12.2015. The petitioner was paid only two lakhs towards her terminal benefits. Since, a sum of Rs.14,25,688/- was due to her, she made several representations to the respondents, as a result of which, a sum of Rs.1,06,000/- was paid with a delay. Therefore, a sum of Rs.13,19,688/- is

still pending from 31.12.2015 and also interest for the belated payment of a sum of Rs.1,06,000/-. The petitioner made several representation. Since there is no response till date, aggrieved petitioner is before this Court.

3. Heard the learned counsel on either side and perused the materials available on record.

4. As per the contentions of the petitioner, a sum of Rs.13,19,688/- is due and payable to her. It is admittedly, even according to the respondents, that in the year 2015, as on date of the retirement of the petitioner, a sum of Rs.10,61,357/- is payable to the petitioner after the credit of Rs.5,64,331/-. The said sum of Rs.10,61,357/- was not paid for over 11 years and the respondents would plead that there is no funds in the society.

5. However, this defence made by the learned counsel for the respondents is not appreciated as the respondents utilised the service of the petitioner until her retirement. When an employee is due to retire on a particular date which is already known to the management, then, the management ought to have made arrangements to ensure that the terminal benefits payable to that employee are made ready.

Therefore, the writ petition is allowed as prayed for and the respondents

are directed to settle the amounts that are due and payable to the petitioner together with the market rate of interest that is now applicable within a period of four weeks from the date of receipt of a copy of this order. No costs. 23-03-2026 Index: Yes/No Speaking/Non-speaking order ssa To 1.The Joint Registrar of C-Operative Societies Office of Joint Registrar of C-Operative Societies, No.407,4th Floor, District Collectorate office Campus, Palladam Road, Tiruppur- 641 604.

2.The Deputy Registrar of C-Operative Societies Office of the Deputy Registrar of C-Operative Societies, Tiruppur Circle, Palladam Road, Tiruppur- 641 604.

3.The Administrative Executive Officer CC 2350, Primary Agricultural Co-Operative Credit Society, Aalathur Post, Sevur Via, Avinashi Taluk, Tiruppur District.

P.T.ASHA, J.

ssa 23-03-2026