Madras High CourtWP(MD)/1412/2017disposed of

S.Ragavan S/O Subbaiyah v. The Joint Registrar Of

2019-03-14Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.1412 of 2017 S.Ragavan ... Petitioner vs.

1.The Joint Registrar of Co-operative Societies, Dindigul Region, Dindigul, Dindigul District.

2.The Deputy Registrar of Co-operative Soecities, Dindigul Circle, Nehruji Nagar, Dindigul, Dindigul District.

3.The President, D.D.536, Vathalathoppampatty, Primary Agricultural Co-operative Credit Society, Dindigul Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to consider the petitioner's representation, dated 31.12.2016, to pay the gratuity and other pensionary benefits to the petitioner and directing the third respondent for permitting the petitioner to withdraw his amount of Rs. 23,318/- from his saving account.

For Petitioner : Mr.V.Kannan For Respondents : Mrs.J.Padmavathy Devi Special Government Pleader for R.1 and R.2

ORDER

The Writ Petition is filed seeking a direction to the third respondent to consider the petitioner's representation, dated 31.12.2016, relating to payment of the gratuity and other pensionary benefits to the petitioner and permit the petitioner to withdraw his amount of Rs. 23,318/- from his savings account. https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing the respondents 1

and 2 and perused the materials available on record.

3. The case of the petitioner is that he was appointed as Salesman in the third respondent Society in the year 1990 and he retired from service on 30.09.2014 under Voluntarily Retirement Scheme. However, the petitioner has not received any pensionary benefits. Hence, he has made a representation on 31.12.2016 to the respondents seeking pensionary benefits. Since no action is forthcoming, the petitioner is before this Court, by filing this Writ Petition.

4. The learned Special Government Pleader appearing for the respondents 1 and 2 submitted that the representation of the petitioner would be considered, on merits, within a time frame as fixed by this Court.

5. Considering the nature of the relief sought for by the petitioner, without going into the merits of the case, the respondents are directed to consider the representation of the petitioner dated 31.12.2016 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Joint Registrar of Co-operative Societies, Dindigul Region, Dindigul, Dindigul District.

2.The Deputy Registrar of Co-operative Soecities, Dindigul Circle, Nehru Nagar, Dindigul, Dindigul District.

+1 CC to M/s.V.KANNAN, Advocate in SR-54442 +1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.54530 W.P(MD)No.1412 of 2017 14.03.2019 ssl PK/26.04.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/