K. Manoharan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 15.07.2015 C O R A M THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Writ Petition (MD) No.9639 of 2015 K.Manoharan ...

Petitioner Vs 1.The District Collector, Dindigul District, 2.The Deputy Registrar, Deputy Registrar of Co-operative Societies, 3.The Joint Registrar, Joint Registrar of Co-operative Societies, 4.The President, D.D.529, Perichipalayam, Primary Agriculture Co-operative Credit Society, Perichipalayam, Palani Taluk, Dindigul.

5.The Secretary to the Co-operative Society, D.D.529, Perichipalayam, Primary Agriculture Co-operative Credit Society, Perichipalayam, Palani Taluk, ...

Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents herein to grant the Gratuity amount of Rs.5,21,166/- and provident fund amount of Rs.4,50,590/- with 8.5% interest from 30.06.2013, upto till date to the petitioner excluding Rs.75,000/- which the petitioner had already received by considering the petitioner representation dated 02.03.2015.

For Petitioner ...

Mr.V.P.M.Vaishnavi For Respondents ...

Mr.S.Kumar Additional Government Pleader

ORDER

This Writ Petition has been filed, praying for issuance of a Writ of Mandamus, to direct the respondents herein to grant the Gratuity amount of Rs.5,21,166/- and provident fund amount of Rs.4,50,590/- with 8.5% interest from 30.06.2013, upto till date to the petitioner excluding Rs.75,000/- which the petitioner had already received by considering the petitioner's representation dated 02.03.2015.

2.Heard the learned Counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3.When the matter is taken up for hearing, without going to the maintainability of the writ petition, it is represented by the learned Additional Government Pleader that the respondents would pay Rs.25,000/- every month till the arrears are cleared to the petitioner.

4.In view of the submission made by the learned Additional Government Pleader, the fifth respondent is directed to pay the agreed amount of Rs.25,000/-(Rupees Twenty Five Thousand only) per month commencing from 01.08.2015, till the entire arrears are cleared. In case, the fifth respondent fails to pay any one of the instalment amount, the petitioner is entitled to get the entire amount together with interest at 18% per annum and the interest amount can be recovered from the Officer, who has committed the default in making payment and the fifth respondent cannot direct the petitioner to approach the different Forum for claiming interest. 5.With above directions, the Writ Petition stands disposed of. No costs.

sd/- Assistant Registrar(Per.Admin) /True copy/ Sub Assistant Registrar ssl To 1.The District Collector, Dindigul District, 2.The Deputy Registrar, Deputy Registrar of Co-operative Societies,

3.The Joint Registrar, Joint Registrar of Co-operative Societies, 4.The President, D.D.529, Perichipalayam, Primary Agriculture Co-operative Credit Society, Perichipalayam, Palani Taluk, 5.The Society to the Co-operative Society, D.D.529, Perichipalayam, Primary Agriculture Co-operative Credit Society, Perichipalayam, Palani Taluk, +one cc to Mr.V.P.M.Vaishnavi, Advocate,SR.No. 39188 +one cc to Special Government Pleader, SR.No.39474 Writ Petition (MD) No.9639 of 2015 Dated:15.07.2015 CSL/29.07.2015 3p/8c