D.Kalaimani S/O.Dhanasekaran v. The Deputy Registrar Of Cooperative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH D.Kalaimani .. Petitioner Vs.

1.The Deputy Registrar of Cooperative Societies, No.50/1, Periyar Street, Chidambaram - 608 001.

2.The President, E 2725 Valayamadevi Primary Agricultural Cooperative Credit Society Ltd., Valayamadevi - 608 704, Bhuvanagiri Taluk, Cuddalore District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay petitioner Rs.5,13,215/- due as retirement benefits together with interest. For petitioner :

Mr.D.Baskar For R1 :

Mr.T.M.Rajangam Government Advocate For R2 :

Mr.D.Ravichandran Special Government Pleader

O R D E R

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This writ petition has been filed for the issue of writ of mandamus directing the respondents to pay a sum of Rs.5,13,215/- towards the retirement benefits of the petitioner together with interest. 2.The case of the petitioner is that he was employed as a Salesman in the 2nd respondent society. He retired from service on 30.06.2022. The grievance of the petitioner is that his retirement benefits has not been settled and a sum of Rs.5,13,215/- remains due and payable to the petitioner. The representation made by the petitioner also did not evoke any response. Therefore, the present writ petition has been filed before this Court seeking for appropriate directions. 3.The learned Government Advocate appearing on behalf of the 1st respondent produced the written instructions from the 2nd respondent.

On going through the same, it is seen that the society is already facing financial constrains and therefore, the society is not in a position to immediately pay the retirement dues to the petitioner. 4.

the year 2022 and is yet to be settled with entire retirement benefits, there shall be a direction to the 2nd respondent to settle the entire balance retirement dues to the petitioner within a period of four (4) months from the date of receipt of a copy of this order. It is made clear that if there is any delay beyond the period fixed by this Court, the petitioner will be entitled to receive the retirement benefits with interest at the rate of 6% per annum from the date when the amount became due and payable till the date of actual realization.

5.The petitioner is directed to make a fresh representation to the 2nd respondent along with all the relevant documents and also a copy of this order.

6.This Writ Petition is disposed of with the above directions. No costs.

08.08.2024 krk Index : Yes / No Internet : Yes / No : Yes / No N.ANAND VENKATESH, J.

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krk To 1.The Deputy Registrar of Cooperative Societies, No.50/1, Periyar Street, Chidambaram - 608 001.

2.The President, E 2725 Valayamadevi Primary Agricultural Cooperative Credit Society Ltd., Valayamadevi - 608 704, Bhuvanagiri Taluk, Cuddalore District.

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