K.Kandavel v. The Joint Registrar Of Co-Operative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP Nos. 27115 and 27116 of 2025 K.Kandavel ..Petitioner(s) Vs

1. The Joint Registrar of Co-operative Societies Cuddalore Region, Cuddalore.

2. The Deputy Registrar of Co-operative Societies Virudachalam Circle, Virudachalam.

3. The Administrator I.I.556, Tholar Primary Agriculture Co-perative Credit Society Ltd , Virudhachalam Circle, Cuddalore.

..Respondent(s)

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the letter issued by the 2nd respondent in Na.Ka. No.1437/ 2024 Tho.Va.Sa dated 28.06.2024,consequently proceedings of the 3rd respondent in Na.Ka. No.03/ 2024 Se dated 30.06.2024 quash the same and consequently, direct the respondents to pay petitioner's salary amounting to Rs.2,00,397/- and retirement benefits namely, provident fund, gratuity and leave encashment totalling a sum of Rs.12,74,750/- with 12 percent interest from the date of retirement till the payment.

For Petitioner(s):

L.P.Shanmugasundaram For Respondent(s):

Mr.S.Ravikumar Special Government Pleader for R1 & R2

ORDER

This petition has been filed challenging the order passed by the 2nd respondent dated 28.06.2024 and the proceedings of the 3rd respondent dated 30.06.2024, and seeking a direction to the respondents to pay petitioner's salary amounting to Rs.2,00,397/- and retirement benefits namely, provident fund, gratuity and leave encashment totalling a sum of Rs.12,74,750/- with interest at the rate of 12% per annum from the date of retirement till the date of payment.

2.The learned counsel for the petitioner would submit that the petitioner joined the services of the 3rd respondent Society as a daily wages employee in the post of Salesman on 24.12.1991 and thereafter continued in service without any break. The petitioner was permitted to retire from service on 30.06.2024, subject to the condition that such retirement was without prejudice to the criminal case in Crime No.122 of 2012. Though the said criminal case was registered as early as in the year 2012, for more than a decade, it has not reached its finality till date.

3.Considering the facts and circumstances of the case, the petitioner entered service in the year 1991 and retired on 30.06.2024. Till such time, the respondents have not taken any effective steps to conclude the criminal case. Hence, there is no justification for passing the impugned orders dated 28.06.2024 and 30.06.2024 withholding the salary and terminal benefits. Accordingly, the impugned orders dated 28.06.2024 and 30.06.2024 are hereby set aside. The respondents are directed to settle the petitioner's salary and terminal benefits along with applicable with interest, within a period of twelve

(12) weeks from the date of receipt of a copy of this order.

4.With the above directions, this writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 04-02-2026 Index: Yes/No Speaking/Non-speaking order UMA

To

1. The Joint Registrar of Co-operative Societies Cuddalore Region, Cuddalore.

2. The Deputy Registrar of Co- Operative Societies Virudachalam Circle, Virudachalam.

3. The Administrator I.I.556, Tholar Primary Agriculture CoOperative Credit Society Ltd , Virudhachalam Circle, Cuddalore.

M.DHANDAPANI J.

UMA and WMP Nos. 27115 & 27116 of 2025 04-02-2026