Vasudevan v. The Principal Secretary To Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Vasudevan ... Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, Department of Co-operation, Food and Consumer Protection, Secretariat, Chennai-600 009.

2.The Registrar of Co-operative Societies, Kilpauk, Chennai-600 010.

3.The Joint Registrar of Co-operative Societies, Pudukkottai.

4.The President, 1/5

5.The Secretary, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, direct the fourth respondent to release the petitioner's retirement benefits in full with 12% interest per annum. For Petitioner : Mr.P.Ganapathi Subramanian For R-1 to R-4 : Mr.S.Shaji Bino Special Government Pleader

ORDER

The present writ petition has been filed by a retired Co-operative Secretary seeking a Mandamus to disburse his terminal benefits.

2. According to the learned Counsel appearing for the petitioner, the petitioner had attained superannuation on 31.07.2006 and at the time of retirement, he was not disbursed with the terminal benefits. Hence, he filed W.P.No.5456 of 2008 and thereafter, the respondent Society has settled a sum 2/5

of Rs.3,60,519/-. A balance amount of Rs.1,82,062/- is yet to be disbursed by the fourth and fifth respondents. Hence, the present writ petition.

3. According to the learned Counsel appearing for the respondent Society, the said amount has been retained by the Society in view of the excess payment received by the writ petitioner in violation of G.O(Ms)No.186, Co-operation, Food and Consumer Protection Department, dated 16.08.2000.

4. In view of the said facts, the fourth and fifth respondents are directed to pass a detailed order, explaining the circumstances under which the said amount is being retained by them, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above said observation, this writ petition stands disposed of. There shall be no order as to costs.

20.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Principal Secretary to Government of Tamil Nadu, Department of Co-operation, Food and Consumer Protection, Secretariat, Chennai-600 009.

2.The Registrar of Co-operative Societies, Kilpauk, Chennai-600 010.

3.The Joint Registrar of Co-operative Societies, Pudukkottai.

4.The President, 5.The Secretary, 4/5

R.VIJAYAKUMAR, J.

BTR 20.10.2023 5/5