The Administrator v. K.Pandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD)Nos.13606 and 13608 of 2024 The Administrator, A.3101, Madurai Milk Project Employees, Co-operative Thrift and Credit Society Limited, Sathamangalam, Madurai-625 020.

... Appellant / 3rd Respondent -vs1.K.Pandi ... 1st Respondent/ Writ Petitioner 2.The Joint Registrar of Co-operative Societies, O/o. The Joint Registrar of Co-operative Societies, Madurai Region, Madurai.

3.The Deputy Registrar of Co-operative Societies, O/o. The Deputy Registrar of Co-operative Societies, Madurai Circle, Madurai.

... Respondents 2 & 3/ Respondents 1 & 2 PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 26.06.2024 in W.P.(MD)No.13587 of 2024.

For Appellant :

Mr.Suresh Kumar For R-1 :

Mr.D.Shanmugaraja Sethupathi For R-2 & R-3 :

Mr.P.T.Thiraviyam, Government Advocate

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Challenge is to the order of the writ Court directing the appellant to issue No Due Certificate to the 1st respondent, since he had already attained superannuation.

2. The 1st respondent sought for a Writ of Mandamus to issue No Due Certificate in respect of the membership 1799 to enable him to retire from service from 31.07.2024. The same was contested by the appellant claiming that surcharge proceedings have been taken and an award has been made against the 1st respondent under Section 87 of the Co-operative Societies Act. The writ Court followed the earlier judgment of this Court in W.P.25923 of 2021 wherein it was held that terminal benefits cannot be withheld because of a surcharge award that has been passed against the employee. The same view has been expressed by a Division Bench of this Court in Registrar Cooperative Societies (Housing) .vs. R.Paneerselvam made in W.A.No.61 of 2022 dated 09.03.2022.

3. In view of the above settled position of law, we do not see any reason to interfere with the order of the writ Court. The Writ Appeal, therefore, fails and it is accordingly, dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 16.10.2024 NCC :Yes/No Index :Yes/No Internet: Yes Sml To 1.The Joint Registrar of Co-operative Societies, O/o. The Joint Registrar of Co-operative Societies, Madurai Region, Madurai.

2.The Deputy Registrar of Co-operative Societies, O/o. The Deputy Registrar of Co-operative Societies, Madurai Circle, Madurai.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Sml 16.10.2024