S.Palanichamy, v. The Registrar Of Co-Op.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)No.15904 of 2016 S.Palanichamy ... Petitioner Vs.

1.The Registrar of Co-operative Society (Housing), Registrar (Housing) Office, Annasalai, Nanthanam, Chennai - 600 035.

2.The Deputy Registrar (Housing), Virudhunagar Region, 3, D.D Salai, Maninagaram, Virudhunagar District.

3.The President, Q 1175, Rajapalayam City Co-operative Housing Society Limited, 71/382-C, Mudangiar Road, Rajapalayam - 626 117.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay Rs. 5,17,237.30/- (Rupees Five Lakhs and Seventeen Thousand and Two Hundred and Thirty Seven and Thirty Paise only) being the amount due to the petitioner in respect of Salary arrears, Employees Provident Fund Gratuity and Leave Salary.

For Petitioner : Mr.M.Ashok Kumar For RR 1 & 2 : Mr.C.Ramar Additional Government Pleader

O R D E R

This writ petition is filed for a direction to the respondents to pay Rs. 5,17,237.30/- (Rupees Five Lakhs and Seventeen Thousand and Two Hundred and Thirty Seven and Thirty Paise only) being the amount due to the petitioner, in respect of Salary arrears, Employees Provident Fund Gratuity and Leave Salary. 2.The case of the petitioner is that he joined in the third respondent Society in the year 1975, and after serving for 34 years, he was retired from service in the year 2009 as Secretary(in charge). Even after retirement, the retirement benefits to the tune of Rs.5,17,237.30/- were not settled to the petitioner. Hence, the 1/3

petitioner has made several representations to the respondents. Since no order has been passed. Hence, the present writ petition is filed.

3.The learned counsel appearing for the petitioner submitted that admittedly, a sum of Rs.5,17,237.50/- has to be paid by the respondents. To that effect, a copy of the letter, dated 06.07.2016 has been issued by the third respondent.

4.On a perusal of the letter, dated 06.07.2016, it is seen that there was a due of the retirement benefits to the petitioner. Further stated that since two persons were already retired prior to the petitioner, as per series, the payment of retirement benefits will be disbursed to the petitioner.

5.In such view of the letter, the aforesaid information was given to the petitioner on 06.07.2016. Even after a lapse of 5 years, the amount was not settled. Hence, this Court directs the third respondent to settle the retirement benefits to the petitioner within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Registrar of Co-operative Society (Housing), Registrar (Housing) Office, Annasalai, Nanthanam, Chennai - 600 035.

2.The Deputy Registrar (Housing), Virudhunagar Region, 3, D.D Salai, Maninagaram, Virudhunagar District.

3.The President, Q 1175, Rajapalayam City Co-operative Housing Society Limited, 71/382-C, Mudangiar Road, Rajapalayam - 626 117.

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+1 CC to M/s.M.ASHOK KUMAR, Advocate ( SR-7980[F] dated 01/03/2021 ) 26.02.2021 TP(CO) KB(30.03.2021) 3P 5C 3/3