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Madras High CourtWP/23994/2023disposed of

R.Thamizhvanan v. The Joint Registrar Of Co- Operative Societies

2023-09-08Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.23994 of 2023 R.Thamizhvanan ..... Petitioner -Versus1.The Joint Registrar of Co-operatives Societies, Salem Region, Salem District 636 007.

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

3.The Managing Director, Tamil Nadu Cooperative Marketing Federation Limited (TANFED), 91, St. Mary's Road, Chennai 600 018.

4.The Regional Manager, Tamil Nadu Cooperative Marketing Federation Limited (TANFED), Salem 636 007.

..... Respondent Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd respondent to pay statutory interest

on the belated retirement benefits including the Gratuity, Earned Leave Salary and attendant benefits from the date of superannuation by considering the petitioners representation dated 15.11.2022 within the time frame to be stipulated by this court.

For Petitioner : Mr.R.Jayaprakash For Respondent (s) : Mr.P.Baladhandayutham, Special Government Pleader for RR1 & 2

ORDER

This writ petition has been filed seeking a writ in the nature of mandamus, directing the 3rd respondent to consider the petitioner's representation dated 15.11.2022 seeking payment of statutory interest on the belated retirement benefits including the Gratuity, Earned Leave Salary and attendant benefits from the date of superannuation by considering the petitioners representation dated 15.11.2022 within the time frame to be stipulated by this court.

2. Heard both sides.

3. The petitioner is seeking payment of statutory interest on the delayed payment of retiral dues such as gratuity and Earned Leave Salary, etc. Petitioner is said to have made a representation in this regard. The grievance of

the petitioner is that the same has not yet been considered.

4. The learned Special Government Pleader submitted that no such representation was received from the petitioner and if a fresh representation in this regard is made by the petitioner, the respondents 1 & 2 would consider the same and pass appropriate orders thereon in accordance with the statutory provisions.

5. In the above circumstances, at this stage, without making any comment on merit upon the petitioner's claim, the writ petition is disposed of granting liberty to the petitioner to make a fresh representation for payment of statutory interest with relevant particulars to the respondents and upon receipt of such representation, the respondent competent among the respondents shall consider the same in accordance with law and take a decision thereupon within a period of two months from the date of receipt of a copy of this order. No costs.

Index : yes / no : yes / no kmk

To 1.The Joint Registrar of Co-operatives Societies, Salem Region, Salem District 636 007.

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

3.The Managing Director, Tamil Nadu Cooperative Marketing Federation Limited (TANFED), 91, St. Mary's Road, Chennai 600 018.

4.The Regional Manager, Tamil Nadu Cooperative Marketing Federation Limited (TANFED), Salem 636 007.

N.SATHISH KUMAR.J., kmk