Balaji v. The Joint Rgistrar Of Cooperative Societies,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Balaji ... Petitioner -vs1.The Joint Registrar of Cooperative Societies, O/o.Joint Registrar of Cooperative Societies, Samiyappa Cooperative Management Institute Campus, Medical College Road, Thanjavur - 613 007.
2.The Deputy Registrar of Cooperative Societies, Samiyappa Cooperative Management Institute Campus, Medical College Road, Thanjavur - 613 007.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing first respondent to disburse the monetary benefits to the petitioner for the undisputed period, within a specified time period as may be stipulated by this Court, based on the petitioner's representation dated 19.06.2025.
For Petitioner : Mr.S.Sivasubramanian
For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the first respondent to disburse the monetary benefits due to the petitioner for the undisputed period, within a time frame to be stipulated by this Court, based on the petitioner's representation dated 19.06.2025.
2. By consent, this Writ Petition is disposed of, at the admission stage itself.
3. According to the petitioner, he was initially appointed as 'Sales Manager' in the Primary Co-operative Credit Society Limited, Kulamangalam (T 1673) on 07.02.1988. After completing 10 years of service, he was promoted as Clerk pursuant to a resolution of the General Body and was later regularized with effect from 01.04.2001 vide proceedings dated 24.02.2007. Subsequently, after being found eligible and upon completion of necessary departmental formalities, the petitioner was appointed as Secretary (in-charge) of the same society from
01.01.2023. Thereafter, he was appointed as Secretary of the Primary Cooperative Credit Society, Thittai (T 1702) from 15.06.2023 along with the additional charge of his previous post at Kulamangalam. While the petitioner was due to retire on superannuation on 30.04.2025, he was served with the impugned proceedings on the same date, placing him under suspension and withholding his retirement benefits such as EPF, Gratuity and Surrender Leave salary. Therefore, the petitioner submitted a representation dated 19.06.2025, requesting to disburse the monetary benefits for the undisputed period of service. Despite being empowered to consider the said representation, the first respondent has failed to take any action. In view of the inaction on the part of the first respondent and the petitioner's entitlement to the monetary benefits for the undisputed period of service, the present Writ Petition is filed seeking issuance of a Writ of Mandamus, directing the first respondent to pass appropriate orders on the representation dated 19.06.2025 and to disburse the said benefits.
4. Heard both sides.
5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same
on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
6. In the light of the above observations, there shall be a direction to the second respondent to consider the representation of the petitioner, dated 19.06.2025, on its own merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.
7. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. NCC : Yes / No 07.07.2025 Index : Yes / No smn2
To:- 1.The Joint Registrar of Cooperative Societies, O/o.Joint Registrar of Cooperative Societies, Samiyappa Cooperative Management Institute Campus, Medical College Road, Thanjavur - 613 007.
2.The Deputy Registrar of Cooperative Societies, Samiyappa Cooperative Management Institute Campus, Medical College Road, Thanjavur - 613 007.
VIVEK KUMAR SINGH , J.
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