Madras High Court
B.N.Giridharan vs The Registrar Of Co-Operative ... on 1 August, 2024
W.P.(MD)No.18334 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.08.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA
W.P.(MD)No.18334 of 2024
and W.M.P.(MD).No.15619 of 2024
B.N.Giridharan ... 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: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records relating to
impugned order passed by the second respondent vide Na.Ka.No.5148/2013/A
Pa A dated 17.05.2024 and quash the same and consequential direction to the
respondents to disburse the General Provident Fund, Special Provident Fund,
Encashment of Earned Leave Salary and Unearned Leave Salary and all other
monetary benefits payable to the petitioner with interest at the rate of 10% from
the date of retirement till the date of realization, within the time frame to be
fixed by this Court.
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.18334 of 2024
For Petitioner : Mr.D.Shanmugaraja Sethupathi
For Respondents : Mr.K.S.Selvaganesan,
Additional Government Pleader
ORDER
By consent of both parties, the Writ Petition is taken up for final disposal
at the admission stage itself.
2. Heard Mr.N.Sathish Babu, learned counsel appearing for the petitioner
and Mr.M.Siddharthan, learned Additional Government Pleader appearing for
the respondents.
3. The petitioner has filed this Writ Petition challenging the impugned
order passed by the second respondent vide Na.Ka.No.5148/2013/A Pa A, dated
17.05.2024 and consequential direction to the respondents to disburse the
General Provident Fund, Special Provident Fund, Encashment of Earned Leave
Salary and Unearned Leave Salary and all other monetary benefits payable to
the petitioner with interest at the rate of 10% from the date of retirement till the
date of realization, within the time frame to be fixed by this Court.
https://www.mhc.tn.gov.in/judis
4. The petitioner was working as Co-operative Sub-Register in the
Department of Co-operation, Food and Consumer Protection Department. The
petitioner was placed under suspension on 13.11.2013 on the ground that a
criminal case is pending against the petitioner. While so, the petitioner attained
the age of superannuation on 30.11.2013, however, he was not allowed to retire.
The petitioner made a representation to the respondents on 07.05.2024 to
disburse the retirement benefit payable to him. But the second respondent has
passed the impugned order, dated 17.05.2024, stating that since criminal case is
pending against the petitioner, there is no possibility for disbursing the
retirement benefits to the petitioner. Challenging the same, the petitioner has
filed this Writ Petition.
5. The issue on hand is no longer a res-integra. This Court has already
dealt with a similar issue in W.P.(MD).No.15702 of 2024, dated 12.07.2024 in
the case of A.Anthonydoss Vs. The Registrar of Co-operative Societies, No.
170, Periyar E.V.R. High Road, N.V.Natarajan Maaligai, Kilpauk, Chennai
and others). Similarly placed person has already approached this Court through
the above petition and got favourable order in his favour, wherein, it is held as
follows :
https://www.mhc.tn.gov.in/judis
“5. The learned counsel for the petitioner submitted that
pending criminal case cannot be a bar to disburse the retirement
benefits to the petitioner. Reliance was placed on the judgment of the
Division Bench of this Court in W.A(MD)No.105 of 2019 dated
31.07.2019 (The Secretary to Government, Revenue Department,
Chennai v. K.Palaniyandi).
6. In the said judgment, it is held there are two types of
monetary benefits payable to the Government Servants. One type of
such benefit such as Earned Leave, Provident Fund and Special
Provident Fund, which are the benefits already accrued and got
credited to the account of the employee, which he is entitled to
receive automatically on attaining the age of superannuation. So
there cannot be any quarrel to disburse the above said amount as it
attains the nature of the property of the Government employee. The
above judgment further clarified that allowing the employee to retire
on attaining the age of superannuation, immediately the department
shall settle the above benefits even in the worst case of dismissing the
employee from service after the conclusion of the pending
disciplinary proceedings against him. In the same line of
appreciation, various petitions filed by the employees seeking the
similar relief have been granted by this Court.
7. This petitioner has placed under suspension before 14 years
and the criminal case registered against him has also not disposed so
far. In such case, it is unfair to withheld the benefits like General
https://www.mhc.tn.gov.in/judis
Provident Fund, Special Provident Fund, Encashment of Earned
Leave Salary and Unearned Leave Salary of the petitioner. On the
other hand, the payment of death cum retirement gratuity, which
would be considered by appreciating the service of the employee,
might be depending upon the outcome of the disciplinary
proceedings, if any. Sometimes even in the case of disbursal of
pension, provisional pension might be allowed by permitting the
employee to retire on condition. In the instant case, it appears that
the petitioner has not been given with the provisional pension also as
he was not allowed to retire so far.
8. So far as the limited relief sought by the petitioner for
setting aside the order denying the holding of his terminal benefits, I
feel it is appropriate to set aside the order and direct the respondents
to disburse atleast the General Provident Fund, Special Provident
Fund, Encashment of Earned Leave Salary and Unearned Leave
Salary and other monetary benefits except the gratuity and pension,
if any.
9. In the result, this writ petition is allowed and the impugned
order dated 20.05.2024 is set aside. The 2nd respondent is directed
to disburse the General Provident Fund, Special Provident Fund,
Encashment of Earned Leave Salary and Unearned Leave Salary to
the petitioner within a period of four weeks from the date of receipt
of a copy of this order. No Costs. Consequently, connected
miscellaneous petition is closed.”
https://www.mhc.tn.gov.in/judis
6. In the light of the decision cited supra, this writ petition is allowed and
the impugned order passed by the second respondent vide Na.Ka.No.
5148/2013/A Pa A, dated 17.05.2024 is set aside. The second respondent is
directed to disburse the General Provident Fund, Special Provident Fund,
Encashment of Earned Leave Salary and Unearned Leave Salary to the
petitioner within a period of four weeks from the date of receipt of a copy of
this order. No Costs. Consequently, connected miscellaneous petition is closed.
01.08.2024
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Internet:yes/no
Ncc : yes/no
TSG
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
R.N.MANJULA, J.
TSG
01.08.2024
https://www.mhc.tn.gov.in/judis
