Madras High Court
Mr.R.Kalaiyarasan vs The Registrar Of Co-Operative ... on 1 November, 2021
WP(MD) No.19687 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.11.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P(MD) No.19687 of 2021
Mr.R.Kalaiyarasan ... Petitioner
Vs.
1.The Registrar of Co-operative Societies,
No.170, Periyar E.V.R. High Road,
N.V.Natarajan Maaligai,
Kilpauk, Chennai.
2.The Joint Registrar of Co-operative Societies,
O/o. The Joint Registrar of Co-operative Societies,
Tiruchirappalli Region,
Government Multistoried Building,
Kaajamalai,
Tiruchirappalli. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for
the issuance of a Writ of Mandamus, directing the respondents to disburse
the General Provident Fund, Special Provident Fund, Encashment of Leave
Salary and Death cum Retirement Gratuity (DCRG) within the time frame
that may be stipulated by this Court.
1/6
https://www.mhc.tn.gov.in/judis/
WP(MD) No.19687 of 2021
For Petitioner : Mr.D.Shanmugaraja Sethupathi
For Respondents : Mr.S.Shanmugavel,
Standing Counsel for State.
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus,
directing the respondents to disburse the General Provident Fund, Special
Provident Fund, Encashment of Leave Salary and Death cum Retirement
Gratuity (DCRG).
2. According to the petitioner, he had been working as Senior
Inspector in the office of the Deputy Registrar of Co-operative Societies,
Musiri. While he was working as Special Officer in Y.M.76, Tamil Nadu
Electricity Board Employees Co-operative Society, based on the complaint
given by the Deputy Registrar of Cooperative Societies, the Inspector of
Police, CCIW, Trichy has registered a case in Crime No.4 of 2009 for the
offence under Sections 408, 409, 467, 468, and 477(A) of the Indian Penal
Code and the said criminal case is pending before the jurisdictional Judicial
Magistrate Court. Hence, the petitioner was placed under suspension and
was imposed punishment of stoppage of increment for a period of 5 years
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WP(MD) No.19687 of 2021
without cumulative effect and the said punishment was modified as 3 years
on appeal. Subsequently, he attained the age of superannuation on
31.05.2016. However, the respondents have not allowed the petitioner to
retire from service, due to the pendency of the criminal proceedings. The
grievance of the petitioner is that the respondents have not disbursed the
retirement benefits payable to the petitioner till date. Hence, the petitioner
made a representation on 12.10.2021, seeking to disburse the monetary
benefits viz., General Provident Fund, Special Provident Fund, Death Cum
Retirement Gratuity (DCRG) and the Earned Leave Salary. Since the same
was not considered by the respondents, the petitioner has filed this Writ
petition.
3. The learned counsel appearing for the petitioner relying upon the
decision of the Hon'ble Division Bench of this Court in W.A.(MD)No.105 of
2019, dated 31.07.2019 [The Secretary to Government, Revenue
Department Vs. K.Palaniyandi] and also the decision of this Court in W.P.
(MD)No.518 of 2017, dated 19.06.2019 [P.Subramanian Vs. The Director,
Medical and Rural Health Services, Chennai] submitted that the petitioner
is entitled for the monetary benefits as prayed for in the Writ Petition.
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WP(MD) No.19687 of 2021
4. The learned Standing Counsel for State appearing for the
respondents would submit that the petitioner has made the representation
only on 12.10.2021. However, the authority will consider the petitioner's
representation and pass appropriate orders in accordance with the relevant
Rules.
5. Heard the learned counsel appearing for the petitioner and the
learned Standing Counsel for State appearing for the respondents and
perused the materials available on record.
6. On perusal of the records, it is seen that the petitioner has given
representation only on 12.10.2021 and without waiting for reasonable time,
the petitioner approached this Court for getting the relief as prayed in the
Writ Petition. However, considering the nature of the relief sought for in
this writ petition, this Court directs the respondents to consider the
representation of the petitioner dated 12.10.2021, by taking note of the
aforesaid judgment of the Hon'ble Division Bench of this Court in W.A.
(MD)No.105 of 2019, dated 31.07.2019 and also the decision of this Court
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WP(MD) No.19687 of 2021
in W.P.(MD)No.518 of 2017, dated 19.06.2019 and pass orders as
expeditiously as possible.
7. With the above directions, this Writ Petition is disposed of. No
costs.
01.11.2021
Index : Yes/No
Internet : Yes /No
vsm
Note :
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order that
is presented is the correct copy, shall be the responsibility of
the advocate / litigant concerned.
To
1.The Registrar of Co-operative Societies,
No.170, Periyar E.V.R. High Road,
N.V.Natarajan Maaligai,
Kilpauk, Chennai.
2.The Joint Registrar of Co-operative Societies,
O/o. The Joint Registrar of Co-operative Societies,
Tiruchirappalli Region,
Government Multistoried Building,
Kaajamalai,
Tiruchirappalli.
https://www.mhc.tn.gov.in/judis/
WP(MD) No.19687 of 2021
D.KRISHNAKUMAR, J.
vsm
W.P(MD) No.19687 of 2021
01.11.2021
https://www.mhc.tn.gov.in/judis/
