S.Nawabjohn v. The Puducherry State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.24727 of 2023 S.Nawabjohn ....

Petitioner Vs

1. The Puducherry State Co-operative Consumers'

Federation Limited, P.429 rep. by its Managing Director, The Puducherry State Co-operative Consumers'

Federation Limited, Karaikal.

2. The Registrar of Co-operative Societies, Government of Puducherry, Thattanchavady, Puducherry.

....

Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for Writ of Mandamus to direct the first respondent to release all the retirement benefits with 12% interest per year to which the petitioner is entitled forthwith.

For Petitioner : Mr.V.Ajayakumar For R1 : Mr.R.Sreedhar Standing Counsel For R2 : Mrs.V.Usha Additional Government Pleader (Pondy)

ORDER

This Writ Petition has been filed for direction directing the first respondent to release the salary of the petitioner from October 2019 to February 2020 with interest at the rate of 12% per annum and all the retirement benefits with interest at the rate of 12% per annum.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the first respondent and the learned Additional Government Pleader (Pondy) appearing for the second respondent and perused the materials available on record.

3. The petitioner had joined the service of the first respondent as an Attender on 30.09.1983. After receiving various promotional posts, finally, he retired from service on 29.02.2020. However, he was not paid with retirement benefits and arrears of salary. Therefore, he made representation to the respondent.

4. The learned counsel appearing for the first respondent submitted that if any grievance by the petitioner he can raise a dispute under Section 84 of the Puducherry Co-operative Societies Act before the

second respondent. Though the petitioner made representation before the first respondent, no dispute raised before the second respondent. Therefore, the petitioner is directed to raise a dispute as contemplated under Section 84 of the Puducherry Co-operative Societies Act before the second respondent within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the second respondent is directed to consider the same, after giving an opportunity of hearing to the petitioner, and pass orders on merits and in accordance with law within a period of twelve weeks thereafter.

5. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

28.08.2023 Internet : Yes Index : Yes/No Lpp To

1. The Managing Director, Puducherry State Co-operative Consumers'

Federation Limited, P.429 The Puducherry State Co-operative Consumers'

Federation Limited, Karaikal.

G.K.ILANTHIRAIYAN, J.

Lpp

2. The Registrar of Co-operative Societies, Government of Puducherry, Thattanchavady, Puducherry.

and W.M.P.No.24727 of 2023 28.08.2023