N.Chandhirababu v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2023 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.16135 of 2020 and W.M.P.No.20120 of 2020 N.Chandirababu ... Petitioner Vs.
1.The Secretary, The Panruti Cooperative Housing Society Limited, E 2027, Kamaraj Nagar, Vadakailasam, Panruti - 607 106, Cuddalore District.
2.The Registrar of Housing Cooperative Societies, No.48, Ritherton Road, Chennai - 600 007.
3.The Deputy Registrar (Housing) South Kavarai Street, Panruti - 607 106, Cuddalore District.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the first respondent to release the terminal benefits of the petitioner forthwith with interest at 12% per annum. Page No.1 of 7
For Petitioner : M/s.K.Madhu For Respondent 1 :
Mr.L.P.Shanmugasundaram For Respondents 2 & 3 :
M/s.P.Vijaya Devi, Government Advocate
O R D E R
The petitioner has filed this writ petition seeking direction to the first respondent to release the terminal benefits of the petitioner forthwith with interest at 12% per annum.
2. The case of the petitioner is that the petitioner viz., N.Chandirababu joined the service of the first respondent society on 18.04.1979 as Last Grade Government Servant and after attaining the age of superannuation, he got relieved on 31.01.2017. Since then, he was not been given the retirement benefits till date. Hence, he made a representation dated 15.09.2018 to the Chief Minister Cell and the same was forwarded to the second respondent, who is the head of first and third respondent. Based on the instruction from the second respondent, the first respondent sent a reply letter dated 15.05.2019 stating that due to the bad financial position, the first respondent is not in a position to settle the terminal benefits payable to the petitioner and Page No.2 of 7
specifically admitted that he is entitled for a sum of Rs.14,31,741/- and the petitioner has to owe a sum of Rs.59,421 to the respondent. Aggrieved over the same, the petitioner has come forward with the present writ petition.
3. Learned counsel for the petitioner submitted that though very many grounds have been raised in this writ petition, it would suffice, if this Court issues direction to the first respondent to release the terminal benefits payable to the petitioner forthwith with an interest at 12% per annum within a time frame to be fixed by this Court.
4. Learned Government Advocate appearing for the 2 & 3 respondent submitted that the society is ready to settle the terminal benefits payable to the petitioner along with 6% interest per annum and sought permission of this Court to settle the same in four equal monthly installments.
5. Heard the learned counsel on either side and perused the materials available on record.
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6. In view of the above facts and circumstances and the submission made by the learned counsel on either side, without going into the merits of the case, this Court issues the following directions: (i) the third respondent is directed to issue suitable instructions/orders to the first respondent to settle the terminal benefits of the petitioner. (ii) after obtaining necessary orders from the third respondent, the first respondent is directed to settle the terminal benefits of the petitioner for a sum of Rs.14,31,741/- with an interest at 6% per annum in four equal monthly installments.
(iii) the first respondent is directed to settle the first installment on or before 10th of September and the remaining three installments should be paid on or before 10th of following consecutive months.
8. This writ petition is disposed of with the aforesaid observation and directions. No costs. Consequently, connected miscellaneous petition is closed.
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Index :
Yes/No Speaking Order :
Yes/No To:
1.The Secretary, The Panruti Cooperative Housing Society Limited, E 2027, Kamaraj Nagar, Vadakailasam, Panruti - 607 106, Cuddalore District.
2.The Registrar of Housing Cooperative Societies, No.48, Ritherton Road, Chennai - 600 007.
3.The Deputy Registrar (Housing) South Kavarai Street, Panruti - 607 106, Cuddalore District.
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J.SATHYA NARAYANA PRASAD,J.
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