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Madras High CourtWP/35550/2016disposed of

T.R.Durairaj (Deceased), v. The Secretary,

2023-06-30Honourable Mr Justice P.B. Balaji5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI

1. T.R.Durairaj (deceased)

2. Malar

3. Rajkumar

4. Janadha

5. Devendran ..

Petitioners [Petitioners 2 to 5 (LRs) substituted in the place of the deceased petitioner vide order dated 30.06.2023 in WMP No.31743 of 2019] Vs.

1. The Secretary Paravakottai Thodaka Velanmai Kooturavu Vangi Ltd.

Paravakottai, Thiruvarur District.

2. The Deputy Registrar Tamil Nadu Co-operative Societies Government of Tamil Nadu Mannarkudi Taluk Mannarkudi.

3. Regional Provident Fund Commissioner II Employees Provident Fund Organisation (Tamil Nadu and Puducherry) 18, Shri Complex, D Block Post Box 588, Madurai Main Road Trichy 620 008.

..

Respondents

PRAYER: Petition under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus calling for the records connected with impugned order vide proceedings Na.Ka.2185/2014/sa.pa dated 07.09.2015 passed by the second respondent and quash the same and direct the respondents 1 to 3 to immediately disburse the retirement benefits of the petitioner amounting to a total of Rs.6,08,081/- instead of Rs.4,13,868.33 as admitted by the second respondent along with 12% interest from the date of retirement to till the date of realization. For the Petitioners : MR.G.P.Arivuchudar For the Respondents : Mr.L.P.Shanmugasundaram for Respondents 1 & 2 Mrs.R.Meenakshi for Respondent-3

ORDER

The petitioner has approached this Court seeking to quash the impugned proceedings dated 07.09.2015 on the file of the second respondent and to consequently direct the respondents to disburse his retirement benefits to the tune of Rs.6,08,081/-, instead of Rs.4,13,868.33 together with interest at 12% from the date of his retirement.

2. The second respondent has filed a counter justifying their calculation at Rs.4,13,868.33.

3. Learned counsel for the petitioner would submit that if this amount is paid together with some simple interest, the petitioner would be satisfied.

4. Considering the above, the second respondent is directed to pay a sum of Rs.4,13,868.33, together with interest at 6% per annum from the date of the petitioner's retirement, namely 31.03.2007. The first respondent shall settle the said amount in four equal instalments and at any rate, on or before 31.01.2024. Since this order is passed in writ petition, the second respondent is directed to issue formal approval for releasing payment to the legal heirs of the deceased petitioner.

5. This writ petition is ordered accordingly. There will be no order as to costs. Consequently, WMP No.11925 of 2019 is closed. 30.06.2023 Index :

Yes/No :

Yes/No kpl

To

1. The Secretary Paravakottai Thodaka Velanmai Kooturavu Vangi Ltd.

Paravakottai, Thiruvarur District.

2. The Deputy Registrar Tamil Nadu Co-operative Societies Government of Tamil Nadu Mannarkudi Taluk Mannarkudi.

3. Regional Provident Fund Commissioner II Employees Provident Fund Organisation (Tamil Nadu and Puducherry) 18, Shri Complex, D Block Post Box 588, Madurai Main Road Trichy 620 008.

P.B.BALAJI,J.

(kpl) 30.06.2023