S.Nattar v. The Joint Registrar Of Co-Operative Society
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.27053 of 2024 S.Nattar ... Petitioner -vs1. The Joint Registrar of Co-operative Society, Thoothukudi Zonal Office, T.R.Naidu Street, Thoothukudi District.
2. The Deputy Registrar of Co-operative Society, O/o.The Deputy Registrar of Co-operative Society, Kovilpatti, Thoothukudi District.
3. The President, Cheetikurichi Primary Agricultural Co-operative Credit Society, Chettikurichi, Kovilpatti Taluk, Thoothukudi District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the eligible retirement benefits of the petitioner including subsistence allowance, Earned Leave, Gratuity and Provident Fund etc., 1/6
For Petitioner : Mr.N.Shanmuga Selvam For Respondents : Mr.A.Baskaran Additional Government Pleader
O R D E R
The instant writ petition has been filed by the Secretary of the third Respondent Co-operative Society seeking a mandamus to disburse the eligible subsistence allowance.
2. It could be seen from the records that the petitioner was suspended from service on 10.01.2018 and by an order dated 09.03.2018, he was imposed with a punishment of stoppage of increment with cumulative effect and later the suspension order was also revoked. However, the second respondent challenged the said order under Section 153(3) of Tamilnadu Co-operative Societies Act before the first respondent. The first respondent by his proceedings dated 04.05.2018 has passed an interim order preventing the petitioner from joining duty. It could be seen that the petitioner was implicated in a criminal case in C.C.No.1 of 2017 on the file of the Judicial Magistrate, Tirunelveli. In view of the pendency of departmental proceedings as well as the pendency of criminal case the petitioner was not permitted to 2/6
retire, though he had attained superannuation on 08.05.2018. In view of the above said facts, the petitioner has filed the present writ petition for disbursement of terminal benefits.
3. The learned Counsel appearing for the respondents herein had contended that since the petitioner has not been permitted to retire and the departmental proceedings have not attained finality and the criminal case is also pending as against the writ petitioner, the question of disbursement of terminal benefits does not arise. He further contended that the petitioner has already approached the Deputy Commissioner of Labour seeking subsistence allowance.
4. In view of the above said facts, this Court is of the considered opinion that even if the petitioner is dismissed from service, he would be eligible to receive his Provident Fund Amount and Earned Leave Salary. In view of the above said circumstances, the respondents herein are directed to disburse the eligible Provident Fund and the Earned Leave Salary alone to the writ petitioner within a period of twelve weeks from the date of receipt of a copy of this order.
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5. With the above said observations, this writ petition stands disposed of. No costs.
03.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 4/6
To
1. The Joint Registrar of Co-operative Society, Thoothukudi Zonal Office, T.R.Naidu Street, Thoothukudi District.
2. The Deputy Registrar of Co-operative Society, O/o.The Deputy Registrar of Co-operative Society, Kovilpatti, Thoothukudi District.
3. The President, Cheetikurichi Primary Agricultural Co-operative Credit Society, Chettikurichi, Kovilpatti Taluk, Thoothukudi District.
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R.VIJAYAKUMAR,J.
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