V.Chockaiyan v. The Registrar Of Cooperative
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE V.Chockaiyan ... Petitioner -vs1.The Registrar of Cooperative Societies Kilpauk, Chennai 2.The Joint Registrar of Cooperative Societies Collectorate Thiruvannamalai 3.The Deputy Registrar of Cooperative Societies Collectorate, Thiruvannamalai 4.The Joint Registrar of Cooperative Societies O/o.Joint Registrar of Cooperative Societies Thanjavur ... Respondents [R4 is impleaded vide Court order dated 02.02.2022 in W.M.P.(MD) No.16502 of 2018]
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to settle the petitioner's retirement benefits of Selection Grade and Special Grade Pay benefits payable to him with reasonable rate of interest, within a time frame to be fixed by this Court.
For Petitioner :
Mr.G.M.Xavier For Respondents :
Ms.D.Farjana Ghoushia Special Government Pleader
O R D E R
This writ petition has been filed for a mandamus seeking for a direction to the respondents to settle the petitioner's retirement benefits of Selection Grade and Special Grade Pay benefits payable to him with reasonable rate of interest, within a time frame to be fixed by this Court.
2. The petitioner claims that his retirement benefits along with the Selection Grade and Special Grade Pay benefits have not been paid. He has given a representation to the respondents seeking for the relief as sought for in
this writ petition. However, according to the petitioner, the said representation has not been considered and under those circumstances, he has filed this writ petition.
3. Learned Special Government Pleader appearing for the respondents, on instructions, would submit that the petitioner is not eligible to get the relief as prayed for in this writ petition, on the ground that he is involved in series of disciplinary proceedings and criminal proceedings.
4. However, learned counsel for the petitioner would dispute the same and he has also relied upon a letter sent by the respondents to the petitioner allowing him to retire from service.
5. No prejudice will be caused to any of the parties, if the petitioner is allowed to submit a fresh representation seeking for the relief as sought for in this writ petition and a direction is issued to the respondents to consider the said representation, on merits and in accordance with law.
6. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the third respondent, within a period of two weeks from the date of receipt of a copy of this order seeking for settlement of his retirement benefits of Selection Grade and Special Grade Pay benefits and on receipt of the same, the third respondent is directed to pass final orders, on merits and in accordance with law, on the said representation, within a period of twelve weeks thereafter.
7. With the above directions, this writ petition is disposed of. No costs.
10.09.2024 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The Registrar of Cooperative Societies, Kilpauk, Chennai.
2.The Joint Registrar of Cooperative Societies, Collectorate, Thiruvannamalai.
3.The Deputy Registrar of Cooperative Societies, Collectorate, Thiruvannamalai.
4.The Joint Registrar of Cooperative Societies, O/o.Joint Registrar of Cooperative Societies, Thanjavur.
ABDUL QUDDHOSE, J.
krk 10.09.2024