V.V.Rajendran v. The Registrar Of Cooperative Societies,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :18.10.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 29806 of 2019 V.V.Rajendran ..Petitioner vs 1.The Registrar of Co-operative Societies, NVN. Somu Maaligai, No.170, EVR Periyar Salai, Kilpauk, Chennai - 600 010.
2.The Joint Registrar of Co-operative Societies/ Managing Director, Dharmapuri District Central Co-op. Bank Ltd.
Dharmapuri.
3.The Deputy Registrar of Co-operative Societies Dharmapuri - 636 705.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to disburse the Gratuity, General Provident Fund, Special Provident Fund and Encashment of Earned and Unearned leave Salary and pension benefits with interest to the petitioner based on the representations dated 27.08.2018 and 06.08.2019.
For Petitioner : Mr.N.Anand For Respondents : Mr.L.P.Shanmugasundaram Special Government Pleader (co.op)
O R D E R
The prayer sought for in this Writ Petition is to direct respondents to disburse the Gratuity, General Provident Fund, Special Provident Fund and Encashment of
Earned and Unearned leave Salary and pension benefits with interest to the petitioner based on the representations dated 27.08.2018 and 06.08.2019.
2. The case of the petitioner is that he was appointed as Secretary in the Central Co-operative Bank at Kudimenahalli, Dharmapuri Districti in the year 1982. On 31.05.2016, the petitioner was retired from service as a Branch Manager of the Co-operative Bank, Morappur. The petitioner was permitted to retire from service by the proceedings of the 2nd respondent in Na.Ka.No.26505/90/P3 dated 31.05.2016 subject to the outcome of the pending criminal case and pending disciplinary proceedings. Subsequently, the criminal case ended in punishment. On 27.08.2018, the petitioner made representation to the 2nd respondent seeking to complete the disciplinary proceedings against him and to disburse the retiral benefits. Thereafter, on 06.08.2019, once again the petitioner made a representation to the 2nd respondent seeking to disburse the retiral benefits to him.
However, till date the representation was not considered. Therefore, the Writ Petition has been filed.
3. The learned counsel for the petitioner would submit that it would be suffice to issue direction to the 2nd respondent to consider and dispose of the representation dated 06.08.2019 in accordance with law.
4. Considering the limited request made by the learned counsel for the petitioner, this Court hereby directs the 2nd respondent to consider and dispose of the representation dated 06.08.2019, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
5. The Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kan
To 1.The Registrar of Co-operative Societies, NVN. Somu Maaligai, No.170, EVR Periyar Salai, Kilpauk, Chennai - 600 010.
2.The Joint Registrar of Co-operative Societies/ Managing Director, Dharmapuri District Central Co-op. Bank Ltd.
Dharmapuri.
3.The Deputy Registrar of Co-operative Societies Dharmapuri - 636 705.
+1cc to Mr.C.Prabhakaran , Advocate SR.No. 87558 +1cc to Mr.L.P.Shanmugasundaram , Advocate SR.No. 87815 +1 cc to Government Pleader Sr.No. 87712 W.P.No. 29806 of 2019 A.SK(21/11/2019)