Madras High Court
The Administrator vs K.Pandi ... 1St on 16 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A(MD)No.1782 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)No.1782 of 2024
and
C.M.P.(MD)Nos.13606 and 13608 of 2024
The Administrator,
A.3101, Madurai Milk Project
Employees,
Co-operative Thrift and Credit
Society Limited,
Sathamangalam,
Madurai-625 020. ... Appellant / 3rd Respondent
-vs-
1.K.Pandi ... 1st Respondent/ Writ Petitioner
2.The Joint Registrar of Co-operative
Societies,
O/o. The Joint Registrar of
Co-operative Societies,
Madurai Region,
Madurai.
3.The Deputy Registrar of Co-operative
Societies,
O/o. The Deputy Registrar of
Co-operative Societies,
Madurai Circle, Madurai.
... Respondents 2 & 3/ Respondents 1 & 2
PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the
order dated 26.06.2024 in W.P.(MD)No.13587 of 2024.
____________
https://www.mhc.tn.gov.in/judis
Page 1 of 4
W.A(MD)No.1782 of 2024
For Appellant : Mr.Suresh Kumar
For R-1 : Mr.D.Shanmugaraja Sethupathi
For R-2 & R-3 : Mr.P.T.Thiraviyam,
Government Advocate
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.] Challenge is to the order of the writ Court directing the appellant to issue No Due Certificate to the 1st respondent, since he had already attained superannuation.
2. The 1st respondent sought for a Writ of Mandamus to issue No Due Certificate in respect of the membership 1799 to enable him to retire from service from 31.07.2024. The same was contested by the appellant claiming that surcharge proceedings have been taken and an award has been made against the 1st respondent under Section 87 of the Co-operative Societies Act. The writ Court followed the earlier judgment of this Court in W.P.25923 of 2021 wherein it was held that terminal benefits cannot be withheld because of a surcharge award that has been passed against the employee. The same view has been expressed by a Division Bench of this Court in Registrar Cooperative Societies (Housing) .vs. R.Paneerselvam made in W.A.No.61 of 2022 dated 09.03.2022.
____________ https://www.mhc.tn.gov.in/judis Page 2 of 4 W.A(MD)No.1782 of 2024
3. In view of the above settled position of law, we do not see any reason to interfere with the order of the writ Court. The Writ Appeal, therefore, fails and it is accordingly, dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
[R.S.M., J.] [L.V.G., J.]
16.10.2024
NCC :Yes/No
Index :Yes/No
Internet: Yes
Sml
To
1.The Joint Registrar of Co-operative Societies, O/o. The Joint Registrar of Co-operative Societies, Madurai Region, Madurai.
2.The Deputy Registrar of Co-operative Societies, O/o. The Deputy Registrar of Co-operative Societies, Madurai Circle, Madurai.
____________ https://www.mhc.tn.gov.in/judis Page 3 of 4 W.A(MD)No.1782 of 2024 R.SUBRAMANIAN, J.
and L.VICTORIA GOWRI, J.
Sml W.A(MD)No.1782 of 2024 16.10.2024 ____________ https://www.mhc.tn.gov.in/judis Page 4 of 4