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Madras High CourtWP/40174/2025disposed of

R.Shanmugasundaram v. The Joint Registra Of Co- Operative Credit Societies

2025-10-27Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Shanmugasundaram ... Petitioner Vs.

1.THE JOINT REGISTRAR OF CO- OPERATIVE CREDIT SOCIETIES, THIRD FLOOR, F BLOCK, VENPAKKAM POST, COLLECTORATE COMPOUND, CHENGALPATTU- 603 111.

2.THE DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETIES, HOSPITAL ROAD, OPPOSITE HINDU SECONDARY SCHOOL, MATHURANTHAGAM- 603 306.CHENGALPATTU DISTRICT. 3.THE EXECUTIVE OFFICER, 700, KAVATHUR PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY, DEVATHUR VILLAGE, VEERANAKUNNAM POST- 603 306, MATHURANTHAGAM TALUK, CHENGALPATTU DISTRICT.

4.THE EXECUTIVE OFFICER, 701, THATCHUR PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY, THATCHUR VILLAGE AND POST- 603 306, MATHURANTHAGAM TALUK,CHENGALPATTU DISTRICT.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pay the entire terminal benefits of the petitioner a sum of Rs.31,66,121 /- due under the heads of Employees Provident Fund, Gratuity, Earned Leave 1/6

Surrender, Salary arrears pay Fixation, Clerk Salary arrears, interest and Security deposit refund along with the interest at the rate of 12 percent p.a from the date of retirement of the petitioner i.e, 30.06.2024 till the date of payment.

For Petitioner : Mr.K.C.Muthulakshmi For Respondents : Dr.S.Suriya, Additional Government Pleader

O R D E R

This writ petition has been filed for direction to the respondents to pay the entire terminal benefits to the petitioner to the tune of Rs.37,66,121/- due under the heads of Employees Provident Fund, Gratuity, earned leave surrender, salary arrears pay fixation, clerk salary arrears, interest and security deposit refund. 2.

The petitioner was working as Clerk in the fourth respondent society on 12.11.1988 and served till 13.09.2022. On promotion, the petitioner was promoted to the post of Secretary under the third respondent society on 14.09.2022 and he attained superannuation on 30.06.2024. He was permitted to retire from service. However, the petitioner was not paid any salary to the promoted cadre of Secretary and 2/6

additional in-charge as Secretary for Karunkuzhi Agricultural Credit Society, Madurantakam. Therefore, the petitioner submitted representation seeking to pay the entire terminal benefits of the petitioner a sum of Rs.31,66,121 /- due under the heads of Employees Provident Fund, Gratuity, Earned Leave Surrender, Salary arrears pay Fixation, Clerk Salary arrears, interest and Security deposit refund along with the interest at the rate of 12 percent p.a from the date of retirement of the petitioner i.e, 30.06.2024 till the date of payment. 3.

On getting written instruction, the learned Additional Government Pleader submitted that the fourth respondent society was functioning with below Rs.1 crore working capital till the year 2021. Therefore, new scale of pay was not permitted to the fourth respondent society in which the petitioner was working. Further, the fourth respondent society reached above Rs.1 crore and thereafter by the proceedings of the first respondent dated 14.02.2024, the fourth respondent was permitted to introduce new time scale of pay to the workers of the society. The working capital is Rs.1.16 crores and if loans 3/6

are recovered promptly in time, the society may be able to earn Rs.2,00,000/- per year as margin. Further, the petitioner's monthly salary was Rs.50,000/-. After promotion of the petitioner as Secretary, his post comes under the common cadre service and he retired from service as on 30.06.2024. Therefore, according to the respondents, the petitioner is entitled to get gratuity to the tune of Rs.16,77,291/-, EPF Rs.16,16,070/-, earned leave pay Rs.3,96,280/- and security deposit amount of Rs.1,493/- in total Rs.26,91,134/-. However, the societies are running with cumulative loss. Therefore, there is delay in settling the dues. 4.

However, relying upon the communication of the third respondent dated 11.10.2024, the learned counsel for the petitioner submitted that the petitioner is entitled to a sum of Rs.27,51,021/- and now it has been reduced to Rs.26,91,134/- 5.

In view of the above, the respondents are directed to disburse the admitted due to the petitioner within a period of eight weeks from the date of receipt of this order. However, the petitioner is at liberty 4/6

to agitate the disputed amount in the manner known to law. 6.

With the above directions, this writ petition stands disposed of. There shall be no order as to costs.

27.10.2025 Index: Yes/No Speaking/Non-speaking order lok 5/6

G.K.ILANTHIRAIYAN, J.

lok To 1.THE JOINT REGISTRAR OF CO- OPERATIVE CREDIT SOCIETIES, THIRD FLOOR, F BLOCK, VENPAKKAM POST, COLLECTORATE COMPOUND, CHENGALPATTU- 603 111.

2.THE DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETIES, HOSPITAL ROAD, OPPOSITE HINDU SECONDARY SCHOOL, MATHURANTHAGAM- 603 306.CHENGALPATTU DISTRICT. 3.THE EXECUTIVE OFFICER, 700, KAVATHUR PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY, DEVATHUR VILLAGE, VEERANAKUNNAM POST- 603 306, MATHURANTHAGAM TALUK, CHENGALPATTU DISTRICT.

4.THE EXECUTIVE OFFICER, 701, THATCHUR PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY, THATCHUR VILLAGE AND POST- 603 306, MATHURANTHAGAM TALUK,CHENGALPATTU DISTRICT 27.10.2025 6/6