P.Kamala v. The Joint Registrar Of Cooperative Societies/ Revisional Authority,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos. 24995 & 24997 of 2019 P. Kamala ... Petitioner Vs.

1. The Joint Registrar of Cooperative Societies/ Revisional Authority, Kancheepuram Region,

2. The Deputy Registrar of Cooperative Societies, Kancheepuram Circle,

3. The Managing Director, Sriperumpudur Agricultural Producers Cooperative Marketing Society, Nazaratpet, Chennai - 600 123.

... Respondents Prayer: Writ Petition filed Under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the first respondent in his proceedings Na.Ka.5712/2017/Sa.Pa., dated 30.11.2018 and quash the same and consequently directing the respondents to disburse the petitioner's retirement benefits like gratuity, provident fund, encashment of earned leave and encashmen tof un-earned leave on private affairs and the salary arrears including reimbursement for medical leave salary to the petitioner.

For Petitioner : Mr. C. Prakasam For Respondents : Mr. R. P. Murugan Raja Government Advocate for R1 and R2 Mr. L.P. Shanmugasundaram for R3

ORDER

The petitioner has challenged the revisional order dated 30.11.2018 passed by the first respondent under Section 153 of the Tamilnadu Cooperative Societies Act, confirming the punishment of compulsory retirement.

2. When the matter is taken up for final hearing, the learned counsel appearing on behalf of the writ petitioner, C. Prakasam, made a submission that the petitioner is now confined the relief to the extent of settling the terminal benefits, due to him and the petitioner is not pressing the relief to set aside the punishment of compulsory retirement.

3. In view of the submissions made on behalf of the petitioner, this Court is of the opinion that the benefits due to the compulsory retirement employees, must be settle in favour of the petitioner.

4. The learned counsel appearing on behalf of the respondents made a submission that the benefits to be calculated as per the rules and accordingly, to be settled.

5. In view of the facts and circumstances, the third respondent society is directed to settle the terminal benefits as applicable to the writ petitioner, taking note of the punishment of compulsory retirement, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 04.11.2022 mrn Index : Yes / No Speaking order / Non-Speaking order To

1. The Joint Registrar of Cooperative Societies/ Revisional Authority, Kancheepuram Region,

S.M.SUBRAMANIAM, J.

mrn

2. The Deputy Registrar of Cooperative Societies, Kancheepuram Circle,

3. The Managing Director, Sriperumpudur Agricultural Producers Cooperative Marketing Society, Nazaratpet, Chennai - 600 123.

W.P.No. 25470 of 2016 and W.M.P.Nos. 24995 & 24997 of 2019 04.11.2022