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Madras High CourtWP(MD)/4621/2023disposed of

Gunasekar.C (Retired) v. The Joint Registrar

2023-03-03Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.4621 of 2023 C.Gunasekar ... Petitioner vs.

1.The Joint Director, O/o. the Joint Registrar of Co-operative Societies, Collectorate Campus, Virudhunagar, 2.The Deputy Registrar, O/o. the Deputy Registrar of Co-operative Societies, Narmadha Agency Complex, Panthalkudi Road, Aruppukottai, 3.The President, R.K.4, Aringar Anna Urban Co-operative Credit Society, Sri Sowdambika Polytechnic College Campus, Tiruchuli Road, Aruppukottai, ... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the third respondent to disburse the gratuity, surrender leave salary and other monetary benefits, by considering the petitioner's representations, dated 13.12.2022 and 13.01.2023 within a period that may be stipulated by this Court.

For Petitioner : Mr.C.Venkatesh Kumar for M/s. Ajmal Associates For R1 & R2 : Mr.N.Ramesh Arumugam Government Advocate

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the third respondent to disburse the gratuity, surrender leave salary and other monetary benefits, by considering the petitioner's representations, dated 13.12.2022 and 13.01.2023.

2. The case of the petitioner is that he was appointed as Secretary in the third respondent Society in the year 1989. Thereafter, he retired 2/6

from service in the year 2022. After retirement, he has made several representations to the respondents to disburse his retirement benefits and other monetary benefits. On his repeated requests, he has received a sum of Rs.18,56,588/- on 09.12.2022. But, he has not received the gratuity and surrender leave salary. Hence, he has made a representation to the respondents 1 to 3 on 13.01.2023, requesting them to disburse gratuity and surrender leave salary. However, they have not taken any steps to disburse the same. Hence, the petitioner has filed the present writ petition.

3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the respondents to consider the petitioner's representation dated 13.01.2023 and pass appropriate orders, within a reasonable time as fixed by this Court.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2. 3/6

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents to consider the petitioner's representation dated 13.01.2023 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

03.03.2023 akv To 1.The Joint Director, O/o. the Joint Registrar of Co-operative Societies, Collectorate Campus, Virudhunagar, 4/6

2.The Deputy Registrar, O/o. the Deputy Registrar of Co-operative Societies, Narmadha Agency Complex, Panthalkudi Road, Aruppukottai, 3.The President, R.K.4, Aringar Anna Urban Co-operative Credit Society, Sri Sowdambika Polytechnic College Campus, Tiruchuli Road, Aruppukottai, 5/6

M.DHANDAPANI,J.

akv W.P.(MD)No.4621 of 2023 03.03.2023 6/6