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Madras High CourtWP(MD)/5781/2015disposed of

T. Veerappan v. The Deputy Registar Of

2020-11-26Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)Nos.5781 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2020

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.5781 of 2015 and M.P.(MD)No.2 of 2015 T.Veerappan ... Petitioner Vs.

1.The Deputy Registrar of Co-operative Societies Office of the Circle Deputy Registrar of Co-operative Societies Shanmughapuram, Palani, Dindigul District.

2.The Special Officer, MD 77, Vedasanthur Coop Primary Agricultural & Rural Development Bank Ltd., Vedasanthur, Dindigul District.

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the respondents relating to the order of the first respondent in Na.Ka.No.1806/2013 Sa.Pa., dated 06.08.2014 and quash the same and direct the second respondent to pay the arrears of retirement benefits of Rs.6,49,373/- to the petitioner. For Petitioner : Mr.V.O.S.Kalaiselvam For Respondents : Mr.D.Muruganandham Additional Government Pleader

ORDER

The relief sought for in the writ petition is to quash the order dated 06.08.2014 passed by the first respondent rejecting the claim of the petitioner for settlement of pensionary and terminal benefits.

2.Admittedly, the petitioner was an employee of the second respondent Primary Agricultural and Rural Development Bank Limited and retired from service on 30.06.2007 itself. 3.The learned counsel for the petitioner made a submission that all the surcharge proceedings initiated against the petitioners were dropped in view of the fact that the surcharge proceedings were quashed. The criminal cases registered against the petitioner were also closed. There is no impediment for the respondents to settle the terminal and pensionary benefits of the petitioner in view of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)Nos.5781 of 2015 the fact that there is no other proceeding pending against the petitioner.

4.This Court is of the considered opinion that all the actions initiated against the petitioner were already dropped and he is exonerated from the allegations and if there is no other impediment for the respondents to settle the terminal and pensionary benefits, no doubt, the respondents are bound to settle the same in favour of the petitioner as expeditiously as possible. In the event of any other cases pending against the petitioner, then, the respondents are bound to continue the proceedings and conclude the same in the manner known to law. Thus, the respondents are directed to verify the records and if there is no other impediment or no case is pending against the petitioner, terminal and pensionary benefits are to be settled following the Rules in force.

5.With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The Deputy Registrar of Co-operative Societies Office of the Circle Deputy Registrar of Co-operative Societies Shanmughapuram, Palani, Dindigul District.

2.The Special Officer, MD 77, Vedasanthur Coop Primary Agricultural & Rural Development Bank Ltd., Vedasanthur, Dindigul District.

+1 CC to Mr.V.O.S.KALAI SELVAM, Advocate ( SR-22895[F] dated 26/11/2020 ) +1 CC to SPL GP ( SR-23109[F] dated 27/11/2020 ) W.P.(MD)No.5781 of 2015 26.11.2020 VB (03.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2