The Secretary / Special Officer v. R.Valarmathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.11863 of 2025 The Secretary / Special Officer, A.2964 Chinna Elanthaikulam Primary Agricultural Cooperative Credit Society, Chinna Elanthaikulam, Vadipatti Taluk, Madurai District.

... Appellant / 3rd Respondent Vs.

1.R.Valarmathi ... 1st Respondent / Writ Petitioner 2.The Regional Joint Registrar of Co-operative Societies, Office of the Regional Joint Registrar of Co-operative Societies, Roundana, Pasumpon Nagar, TPK Road, Palanganatham, Madurai-625 003.

3.The Circle Deputy Registrar of Co-operative Societies, Office of the Circle Deputy Registrar of Co-operative Societies, 1/5

Madurai Circle, Roundana, Pasumpon Nagar, TPK Road, Palanganatham, Madurai-625 003.

... Respondents 2 & 3 / Respondents 1 & 2 PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order passed in W.P.(MD)No.10112 of 2025, dated 09.04.2025 and allow the writ appeal.

For Appellants : Mr.S.Kumar For Respondents : Mr.N.Satheesh Additional Government Pleader for R2 & R3

JUDGMENT

(Judgment of the Court was made by G.R.SWAMINATHAN, J.) This writ appeal is directed against the order dated 09.04.2025 passed by the learned single Judge disposing of W.P.(MD)No.10112 of 2025 in the following terms:- "6. Accordingly, this writ petition is disposed of with the following directions:-

(1) The respondents are directed to disburse the retirement benefits payable to the petitioner for which he is legally entitled with interest at the rate of 6% interest from the date of retirement to till the date of 2/5

actual payment.

(2) Retirement benefits shall be disbursed within a period of four weeks from the date of receipt of a copy of this order."

2. The management of the co-operative society has filed this appeal. They lament that their financial condition is so pathetic. They will not be in a position to honour the order passed by the learned single Judge. This aspect will be gone into when the contempt petition is filed. It is well settled that financial distress of the management cannot be a ground to deny the legitimate entitlement of the employee . There is no merit in the appeal. The writ appeal is dismissed. No costs. Consequently, connected miscellaneous is closed. (G.R.S., J.) (K.R.S., J.) 01.08.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi 3/5

To 1.The Regional Joint Registrar of Co-operative Societies, Office of the Regional Joint Registrar of Co-operative Societies, Roundana, Pasumpon Nagar, TPK Road, Palanganatham, Madurai-625 003.

2.The Circle Deputy Registrar of Co-operative Societies, Office of the Circle Deputy Registrar of Co-operative Societies, Madurai Circle, Roundana, Pasumpon Nagar, TPK Road, Palanganatham, Madurai-625 003.

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G.R.SWAMINATHAN, J.

AND K.RAJASEKAR, J.

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