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Madras High CourtWP(MD)/23878/2025allowed

Rajendran P v. The Joint Registrar Of Co-Operative Societies Cum Chairman Of Primary Agricultural Cooperative

2025-12-10Honourable Mr Justice B.Pugalendhi7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and ContP(MD)No.3416 of 2025 P.Rajendran

...Petitioner in both petitions

Vs 1.The Joint Registrar of Co-Operative Societies cum Chairman of Primary Agricultural Co-Operative Thrift Society Committee, Office of the Joint Registrar of Co-Operative Society, Old Collectorate Complex, Virudhunagar District.

2.The Joint Registrar / Administrative, Virudhunagar District Central Co-Operative Bank, Head Office, Madurai Road, Virudhunagar District. 3.The Deputy Registrar of Co-Operative Societies, Kalaiyarkuruchi Road, Madvarvalaagam, Srivilliputhur Town, Virudhunagar District.

4.The Administrator, SPSPL 85 Koompatti Primary Agricultural Co-Operative Credit Society, Koomapatti, Watrap Taluk, Virudhunagar District.

...Respondents in both petitions

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Prayer in WP(MD)No.23878 of 2025: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned order made in Na.Ka.No.3497 of 2025/OU, dated 30.06.2025 on the file of the 1st respondent herein and to quash the same as arbitrary and illegal and consequently direct the respondents herein to pay all the petitioner's service benefits with statutory interest.

Prayer in ContP(MD)No.3416 of 2025: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnors herein for the wilful disobedience of the order passed by this court in WP(MD)No.23878 of 2024, dated 14.10.2025 under the Contempt of Courts Act.

For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader in both petitions COMMON ORDER The petitioner worked as a Secretary of the 4th respondent society and has retired from service on 30.06.2025. His retirement benefits have been denied to the petitioner that he has failed to file execution petitions in respect of two time barred debts, where decree has been obtained by 2/7

the society and he has filed to recover a jewel loan. Therefore, he has filed this writ petition.

2.This court while entertaining this writ petition has passed an interim order dated 14.10.2025 directing the respondents to pay the eligible benefits to the petitioner by retaining a sum of Rs.4,40,000/-, on or before 10.11.2025.

3.The petitioner with a grievance that the above order has not been complied with has filed a contempt petition in Cont.P(MD)No.3416 of 2025.

4.The learned Additional Government Pleader appearing for the respondents submits that they have paid the benefits to the petitioner as follows:

i. Provident Fund - Rs.52,08,737/- vide cheque No.375539, dated 25.11.2025;

ii. Gratuity - Rs.18,77,402/- vide cheque No.375531, dated 19.11.2025;

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iii. Leave Salary- Rs.3,74,488/- vide cheque No.375540, dated 25.11.2025;

iv.SSD - Rs.5,000/- vide cheque No.375538, dated 25.11.2025. According to the learned Additional Government Pleader a sum of Rs.74,65,627/- has been paid and a sum of Rs.4,40,000/- is retained. 5.The Administrator of the society, who is present before this court submits that the jewel loan of Rs.2,93,000/- has already been recovered. 6.The other objections mentioned in the impugned order is that the petitioner has failed to file execution petitions pursuant to the award passed by the Tribunal. However, the learned counsel for the petitioner submits that the award itself was passed on 18.06.2025 and on 06.08.2025, but the petitioner has retired from service. 7.This court has considered the rival submissions made. 4/7

8.The petitioner has been allowed to retire from service on 30.06.2025 and there is no disciplinary proceedings as against the petitioner. Once the petitioner is allowed to retire, the retirement benefits due to him have to be settled within a reasonable time. If it is not settled, then he is entitled for interest for the belated payment. 9.The jewel loan amount has already been recovered. Insofar the execution petitions are concerned, the award has been passed on 18.06.2025 and on 06.08.2025, whereas the petitioner has retired from service on 30.06.2025. Taking into account these facts, the writ petition is allowed with a direction to the respondents to pay the balance amount if any within a period of four weeks to the petitioner, from the date of receipt of a copy of this order, together with eligible interest as per the statute. No costs. Consequently connected miscellaneous petition is closed.

10.In view of the above order, the contempt petition is also closed. 10.12.2025 DSK 5/7

To 1.The Joint Registrar of Co-Operative Societies cum Chairman of Primary Agricultural Co-Operative Thrift Society Committee, Office of the Joint Registrar of Co-Operative Society, Old Collectorate Complex, Virudhunagar District.

2.The Joint Registrar / Administrative, Virudhunagar District Central Co-Operative Bank, Head Office, Madurai Road, Virudhunagar District. 3.The Deputy Registrar of Co-Operative Societies, Kalaiyarkuruchi Road, Madvarvalaagam, Srivilliputhur Town, Virudhunagar District.

4.The Administrator, SPSPL 85 Koompatti Primary Agricultural Co-Operative Credit Society, Koomapatti, Watrap Taluk, Virudhunagar District.

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B.PUGALENDHI.J., DSK 10.12.2025 7/7