S.Nandakumar v. The Registrar Of Cooperative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.S.Nandakumar 2.S.Mohanraj 3.S.Divya
...Petitioners
Vs 1.The Registrar of Cooperative Societies, NVN Maaligai, No.170, EVR Periyar Salai, Chennai - 10.
2.The Joint Registrar of Cooperative Societies, Salem Region, Salem.
3.The Deputy Registrar of Cooperative Societies, Omalur Circle, Omalur Taluk, Salem District.
4.The President, S.191, Konagapadi Primary Agricultural Co-operative Credit Society Ltd., Konagapadi Post, Omalur Taluk, Salem District - 636 502.
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the death cum retirement benefits like the Gratuity, Pension, Earned Leave Encashment benefits and all other eligible benefits to the petitioners. For Petitioners : Mr.L.Ramanathan For R1 to R3 : Mr.S.Prabhakaran, Government Advocate For R4 : Mr.E.Sundaram, Government Advocate
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The petitioners, who are legal heirs of late P.Selvarasu, claim for payment of the late employee's retirement benefits, together with interest. When the first petitioner herein had earlier sought for information with regard to the payment dues, for which the petitioners are entitled to, the third respondent, in his proceedings dated 05.04.2023, had admitted that a sum of Rs.10,61,980/- was due to be paid to the late employee. 2/5
3. In view of the admitted liability by the third respondent, the petitioners would be entitled for receiving the retirement benefits of their late father, together with interest.
4. In the light of the above observations, there shall be a direction to the third and fourth respondents to pass appropriate orders on the first petitioner's representation dated 05.04.2023, by disbursing the amount of 10,61,980/-, together with interest at the rate of 4% from the date of the late employee's superannuation till the date of actual payment to the petitioners herein. Such orders shall be passed atleast within a period of four weeks from the date of receipt of a copy of this order.
5. Accordingly, the Writ Petition stands ordered. No costs. 26.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/5
To 1.The Registrar of Cooperative Societies, NVN Maaligai, No.170, EVR Periyar Salai, Chennai - 10.
2.The Joint Registrar of Cooperative Societies, Salem Region, Salem.
3.The Deputy Registrar of Cooperative Societies, Omalur Circle, Omalur Taluk, Salem District.
4.The President, S.191, Konagapadi Primary Agricultural Co-operative Credit Society Ltd., Konagapadi Post, Omalur Taluk, Salem District - 636 502.
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M.S.RAMESH,J.
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