Madras High Court
S.Vetrivel vs The Joint Registrar Of ... on 4 October, 2023
W.P.No.2 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2023
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
W.P. No.2 of 2020
1.S.Vetrivel, M/66 (Died)
2.V.Ananthalakshmi, W/o.Late S.Vetrivel
3.V.Kamalanath, S/o.Late S.Vetrivel
4.V.Indumathi, D/o.Late S.Vetrivel
Residing at No.24-A/1026, T.R.V.Nagar,
R.C.Mahal Backside,
L.N.Puram, Panruti Post 607 106
Panruti Taluk
Cuddalore District
(P2 to P4 substituted as LRs of deceased sole Petitioner
vide order dated 14.06.2022 made in W.M.P.No.21356 of 2021
in W.P.No.2 of 2020)
... Petitioner
/Vs/
1.The Joint Registrar of Cooperative Societies/
Common Cadre Authority
Cuddalore Region, Cuddalore, Cuddalore District.
2.The Deputy Registrar of Co-operative Societies
Cuddalore Circle, Cuddalore, Cuddalore District,
3.The Administrator
E.2587, Muthandikuppam Primary
Agricultural Co-operative Credit Society
https://www.mhc.tn.gov.in/judis
1/8
W.P.No.2 of 2020
Muthandikuppam Village
Perperiyankuppam Post 607 805
Panruti Taluk, Cuddalore District.
... Respondents
Writ Petition is filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the Respondents to disburse the
Petitioner's retirement benefits like Gratuity, Employees Provident Fund,
Encashment of Earned Leave and Encashment of Unearned leave on Private
affairs together with six months salary along with the subsistence allowance
payable by the third Respondent to the Petitioner.
For Petitioner : Mr.C.Prakasam
For Respondents : Mr.G.Nanmaran
Special Government Pleader
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus,
directing the Respondents to disburse the Petitioner's retirement benefits like
Gratuity, Employees Provident Fund, Encashment of Earned Leave and
Encashment of Unearned leave on Private affairs together with six months
salary along with the subsistence allowance payable by the third Respondent to
the Petitioner.
https://www.mhc.tn.gov.in/judis
W.P.No.2 of 2020
2.The first Petitioner was appointed as the Secretary in the third
Respondent Society on 01.09.1975. During his service, an enquiry under
Section 81 of the Tamil Nadu Cooperative Societies Act has been initiated
against the Petitioner, on the order of the second Respondent in year 2007, in
respect of certain irregularities committed by the first Petitioner and another
employee, in giving jewel loan. The second Respondent has also passed
surcharge order on 02.04.2009 against the first Petitioner and another employee
of the said society for recovery of Rs.5,57,050/-. After initiation of disciplinary
proceedings, the first Petitioner was found guilty and he was terminated from
service on 26.06.2009 and the Respondent has not disbursed any monetary
benefits of the first Petitioner, so far.
3.It is submitted by the learned counsel for the Petitioners that even a
criminal case has arisen, in view of the above allegations in C.C.No.46 of 2009
and it has been disposed and the first Petitioner has been kept under the
supervision of Probation Officer.
4.Learned counsel for the Petitioners attracted the attention of this Court
to the order passed by this Court in W.P.(MD).No.10329 of 2019 dated
https://www.mhc.tn.gov.in/judis
W.P.No.2 of 2020
18.02.2019, wherein it was held as follows:
“3.The learned counsel submitted that this Court had, in a
number of cases, directed the authorities to settle such benefits,
even if an employee suffered a dismissal order and one such a
case is WP(MD).Nos.979 and 980 of 2016, wherein this Court
had, by order dated 19.01.2016, issued directions as stated above
and such a submission is not seriously objected to, by the learned
Government Advocate.
4.In view of the decision cited supra, this Court directs the
respondents to disburse Gratuity, General Provident Fund,
Special Provident Fund and Encashment of Earned and
Unearned leave to Petitioner, which he is entitled to, within a
period of eight weeks from the date of receipt of a copy of this
order.”
5.Heard the learned counsel appearing on either sides and perused the
available records.
6.It is learnt that no appeal has been preferred against the judgment
passed in C.C.No.46 of 2009 dated 17.02.2014. The fact that the first Petitioner
was placed under the supervision of the Probation Officer, as the guilt against
the first Petitioner has been proved, but lenience has been shown in view of
certain submissions made by the first Petitioner that he is the first time offender.
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W.P.No.2 of 2020
Even though the first Petitioner might not be entitled to get gratuity, the first
Petitioner is very much entitled to get other benefits like EPF, encashment of
Earned Leave and Unearned Leave on private affairs.
7.It is also claimed by the Petitioners that the first Petitioner's salary for
six months was withheld and the same should be paid to him. The salary due to
the first Petitioner for the period for which, he worked cannot be withheld, for
whatsoever reason. If the Petitioners could give details as to the non payment of
salary to any of the period, during which he worked, the salary dues should be
paid to him by the third Respondent. So far as the terminal benefits are
concerned, the first Petitioner is entitled to Gratuity, EPF, leave encashment for
both earned leave and unearned leave on private affairs, in accordance with his
eligibility.
8.During the criminal proceedings it is submitted by the first Petitioner
that the loss of Rs.5,57,050/- shall be appropriated from his EPF and gratuity
amounts. If the first Petitioner is not eligible to get EPF, such an appropriation
could not have been made. However, the third Respondent is at liberty to
deduct the loss of revenue, if any.
https://www.mhc.tn.gov.in/judis
W.P.No.2 of 2020
9.In view of the decision cited supra, the respondents are directed to
disburse Gratuity, General Provident Fund, Special Provident Fund and
Encashment of Earned and Unearned leave due to the first Petitioner, to the
other Petitioners and salary dues, if any, within a period of eight weeks from the
date of receipt of a copy of this order. However, the third Respondent is at
liberty to deduct the loss of revenue, if any such undertaking has already been
given during the criminal proceedings, from the terminal benefits of the first
Petitioner, if any.
10.With the above direction, this Writ Petition is disposed of. No costs.
04.10.2023
Index : Yes/No
Neutral citation : Yes/No
Speaking Order/Non-Speaking Order
sai
https://www.mhc.tn.gov.in/judis
W.P.No.2 of 2020
To
1.The Joint Registrar of Cooperative Societies/
Common Cadre Authority
Cuddalore Region, Cuddalore, Cuddalore District.
2.The Deputy Registrar of Co-operative Societies
Cuddalore Circle, Cuddalore, Cuddalore District,
3.The Administrator
E.2587, Muthandikuppam Primary
Agricultural Co-operative Credit Society
Muthandikuppam Village
Perperiyankuppam Post 607 805
Panruti Taluk, Cuddalore District.
https://www.mhc.tn.gov.in/judis
W.P.No.2 of 2020
R.N.MANJULA, J.
sai
W.P. No.2 of 2020
04.10.2023
https://www.mhc.tn.gov.in/judis
