Madras High Court
M.Sukumar vs The Joint Registrar Of ... on 26 October, 2022
W.P.(MD)No.15968 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 26.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.15968 of 2021
and
W.M.P(MD).No.16064 of 2021
M.Sukumar ... Petitioner
Vs
1.The Joint Registrar of Co-operative Societies,
Tirunelveli Region.
2.The Deputy Registrar of Co-operative Societies,
Cheranmahadevi Circle,
Tirunelveli District.
3.The President,
TA23, Kallidaikurischi Primary Agricultural
Co-operative Credit Society,
Kuthukkal Street, Kallidaikurichi,
Tirunelveli District.
4.The Secretary,
TA23, Kallidaikurichi Primary
Agricultural Co-operative Credit Society,
Kuthukkal Street, Kallidaikurichi,
Tirunelveli District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to settle all the
terminal benefits viz., Encashment of Earned Leave, Provident Fund,
Gratuity and Social Security Fund to the petitioner within the stipulated
time.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15968 of 2021
For Petitioner : Mr.D.Venkatachalam
For Respondents : Mr.R.Ragavendran
Government Advocate (R1 to R3)
Mr.A.K.Manikkam
Special Government Pleader
(for R4)
ORDER
Heard the learned counsel on either side.
2.The writ petitioner joined the third respondent society as
Salesman on 01.08.1991. He reached the age of superannuation on
30.06.2018. On account of surcharge proceedings as well as criminal
prosecution, his terminal benefits were withheld. Seeking their
disbursement, this writ petition has been filed.
3.There is no dispute that the surcharge proceedings have been
ended in favour of the writ petitioner. The only impediment is the
pendency of the criminal prosecution.
4.The learned counsel appearing for the writ petitioner drew my
attention to the judgment reported in CDJ 2014 MHC 5905
(K.Anbarayan & another Vs., The Joint Registrar of Co-operative
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15968 of 2021
Societies, Namakkal Region, Namakkal District and others). In the said
decision, the learned Judge of this Court has held that pendency of the
criminal proceeding cannot be a reason to deny payment of gratuity or
disbursement of the provident fund amount or encashment of leave
salary. The learned counsel for the petitioner has enclosed a few other
decisions, all of which clearly support his contention.
5.The only contention advanced by the learned Special
Government Pleader is that the said decisions are inapplicable in view of
the issuance of G.O.(Ms).No.100, Human Resources Management
(FR.II) Department, dated 07.09.2022. The said Government Order has
introduced an amendment to the Fundamental Rules. One of the
amendment is to the effect that encashment of earned leave and leave on
private affairs shall be deferred till the criminal proceedings get
concluded.
6.It is obvious that the said amendment does not cover
disbursement of gratuity or provident fund amount. That apart, as rightly
pointed out by the learned counsel for the petitioner, the aforesaid
Government Order applies only to Government servants and not to
employees of Co-operative societies. More than anything else, the said
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15968 of 2021
Government Order, which was issued only on 07.09.2022, cannot be
retrospectively applied. Thus, looked at from any angle, the prayer
sought for by the writ petitioner has to be necessarily granted. The
respondents 3 and 4 are directed to settle the petition mentioned benefits
to the writ petitioner within a period of eight weeks from the date of
receipt of a copy of this order.
7.With the above direction, the Writ Petition is allowed. No costs.
Consequently, connected Miscellaneous Petition is closed.
17.10.2022
Index : Yes/No
Internet : Yes/No
Rmk
To
1.The Joint Registrar of Co-operative Societies,
Tirunelveli Region.
2.The Deputy Registrar of Co-operative Societies,
Cheranmahadevi Circle,
Tirunelveli District.
3.The President,
TA23, Kallidaikurischi Primary Agricultural
Co-operative Credit Society,
Kuthukkal Street, Kallidaikurichi,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15968 of 2021
4.The Secretary,
TA23, Kallidaikurishi Primary,
Agricultural Co-operative Credit Society,
Kuthukkal Street, Kallidaikurichi,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15968 of 2021
G.R.SWAMINATHAN, J.,
Rmk
W.P.(MD)No.15968 of 2021
26.10.2022
https://www.mhc.tn.gov.in/judis
