Madras High CourtWP(MD)/14353/2017disposed of

S.Kalimuthu, S/O.Subbaiah, v. The Joint Registrar Of Co-Op

2019-08-14Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.14353 of 2017 S. Kalimuthu ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, The Joint Registrar's Office, Marthandapuram 2nd Street, Pudukkottai Town and District.

2.The Deputy Registrar of Co-op Societies, The Deputy Registrar's Office, Kamatchipuram Kovil Street, Aranthangi Town and Post, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to sanction and settle the petitioner's personal benefit like Special Provident Fund, General Provident Fund and Encashment of Earned Leave in the petitioner credit within a period as may be stipulated by this Court.

For Petitioner : Mr.K. Baalasundharam For Respondents : Aayiram K. Selvakumar Additional Government Pleader

ORDER

This writ petition has been filed for issuing a direction to the respondents to sanction and settle the petitioner's personal benefit like Special Provident Fund, General Provident Fund and Encashment of Earned Leave in the petitioner's credit within a time frame to be fixed by this Court.

2. According to the petitioner, he was dismissed from the service on 27.04.2016, when his superannuation date due on 30.04.2016. After the termination, the petitioner's General Provident Fund, Special Provident Fund and Encashment of Earned leave on private affairs has not been settled. Hence, he made a representation dated 17.07.2017 to the respondents, but, the same has not been considered so far. In such circumstances, the petitioner has filed the present Writ Petition before this Court.

3. Though this Writ Petition has been filed to give a positive direction to the respondents, the learned counsel appearing for the petitioner submitted that the petitioner will be satisfied, https://hcservices.ecourts.gov.in/hcservices/

if a direction is issued to the respondents to consider and pass orders on the representation of the petitioner, dated 17.07.2017.

4. The learned Additional Government Pleader appearing for the respondents would submit that the representation of the petitioner will be considered by the respondents on merits within a specified time that may be stipulated by this Court.

5. Considering the limited scope of the relief sought for by the petitioner in this writ petition, this Court, without going into the merits of the petitioner's case, directs the respondent concerned to consider the representation of the petitioner, dated 17.07.2017 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) To 1.The Joint Registrar of Co-operative Societies, The Joint Registrar's Office, Marthandapuram 2nd Street, Pudukkottai Town and District.

2.The Deputy Registrar of Co-op Societies, The Deputy Registrar's Office, Kamatchipuram Kovil Street, Aranthangi Town and Post, Pudukkottai District.

+1 CC to Mr.K.BAALA SUNDHARAM, Advocate ( SR-81600[F] dated 14/08/2019 ) +1 CC to SPL GP ( SR-81930[F] dated 16/08/2019 ) W.P(MD)No.14353 of 2017 14.08.2019 trp MK (28.08.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/