Palaniappan. M v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2024

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR M.Palaniappan ... Petitioner Vs.

1.The Secretary Department of Co-operative Societies Government of Tamil Nadu Chennai 2.The Registrar of Co-operative Societies Kilpauk, Chennai 3.The Joint Registrar of Co-operative Societies Thiruppathur Road, Sivagangai Sivagangai District 4.The Deputy Registrar of Co-operative Societies Sekkalai Road, Karaikudi Sivagangai District 5.The President N.N.544, Ulagampatti Primary Agricultural Co-operative Credit Society Ulagampatti Singampunari Taluk Sivagangai District ....Respondents (Respondent Nos.1 & 2 deleted vide Court order dated 05.11.2024)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus to direct the respondents to disburse the terminal benefits to the petitioner such as arrears of salary for 20 months of Rs.4,45,905/-, PF amount of Rs.2,46,040/-, Gratuity of Rs.4,69,446/- and PL Encashment salary of Rs.2,08,112/- and in total a sum of Rs.13,69,503/-. For Petitioner : Mr.R.Murugan For Respondents :Mr.K.Balasubramani Special Government Pleader

ORDER

The instant writ petition has been filed by a former Secretary of the fifth respondent Co-operative Society seeking a mandamus for disbursement of terminal benefits.

2.According to the learned counsel appearing for the writ petitioner, though terminal benefits were sanctioned on 31.05.2019, they are yet to be disbursed. 3.The learned Special Government Pleader appearing for the respondent Society submits that due to paucity of funds, the salary has not yet been paid to various employees for several months. Hence, the request of the petitioner for payment of terminal benefits cannot be considered at this point of time.

4.Considering the financial condition of the fifth respondent Society, this Court is inclined to direct the fifth respondent to disburse the terminal benefits of the writ petitioner in five equal installments starting from 1st of June 2025 onwards.

5.With the above said observations, this writ petition stands disposed of. No costs.

05.11.2024 Index : Yes/No Internet : Yes/No NCC:

: Yes/No msa

To 1.The Secretary Department of Co-operative Societies Government of Tamil Nadu Chennai 2.The Registrar of Co-operative Societies Kilpauk, Chennai 3.The Joint Registrar of Co-operative Societies Thiruppathur Road, Sivagangai Sivagangai District 4.The Deputy Registrar of Co-operative Societies Sekkalai Road, Karaikudi Sivagangai District 5.The President N.N.544, Ulagampatti Primary Agricultural Co-operative Credit Society Ulagampatti Singampunari Taluk Sivagangai District

R.VIJAYAKUMAR, J.

msa 05.11.2024