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Madras High CourtWP/2439/2014disposed of

R.Ethirajan v. The Joint Registrar Of Co-Op.

2015-04-08Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.2439 of 2014 and M.P.No.1 of 2014 R.Ethirajan

...Petitioner

-vs1.The Joint Registrar of Coop. Societies, Collectorate Campus, Tiruvallur, Tiruvallur District.

2.The President J.J.736, Velakapuram Primary Agricultural Coop. Credit Society, Velakapuram Village, Palavakkam Post, Uthukottai Taluk, Tiruvallur District.

...Respondents

Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus, directing the respondents to disburse the retirement benefits together with interest by disposing the revision filed u/s.153 of Tamil Nadu Coop. Societies Act on 21.10.2013.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.R.Bala Ramesh Addl. Government Pleader (Co-op)

O R D E R

The petitioner was appointed as a Clerk in J.J.736 Velakapuram Primary Agricultural Co-operative Credit Society. Subsequently, he was promoted as Secretary. According to him, he was allowed to retire from service on 30.08.2011 on reaching the age of superannuation. But the respondent Society failed to disburse the terminal benefits. Under Sections 78 and 79 of Tamil Nadu Cooperative Societies Act, he is entitled to Provident Fund and Gratuity. Since those benefits were not given, the petitioner approached the first respondent by filing revision under Section 153 of the Act on 21.10.2013.

2. The learned counsel for the petitioner would submit that revision petition is posted for hearing on 10.04.2015. According https://hcservices.ecourts.gov.in/hcservices/

to the petitioner, he is entitled to Rs.11,89,939/-, but the first respondent had disbursed only part amount of Rs.2,40,000/-

3. Taking into account the fact that the petitioner is a senior citizen and the matter is relating to disbursement of terminal benefits, the first respondent is directed to dispose of the revision petition filed by the petitioner on 21.10.2013 under Section 153 of the Act, within a period of four weeks from the date of receipt of a copy of this order.

4. The writ petition is disposed of accordingly. No costs. Connected miscellaneous petition is closed.

Sd/- Asst.Registrar (J ) /true copy/ Sub Asst. Registrar svki To 1.The Joint Registrar of Coop. Societies, Collectorate Campus, Tiruvallur, Tiruvallur District.

2.The President J.J.736, Velakapuram Primary Agricultural Coop. Credit Society, Velakapuram Village, Palavakkam Post, Uthukottai Taluk, Tiruvallur District.

1 cc to Government Pleader, Sr. 19433 W.P.No.2439 of 2014 RV (CO) kk 20/4 https://hcservices.ecourts.gov.in/hcservices/