The Administrator vs K.Pandi ... 1St
2024 Latest Caselaw 19363 Mad

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.
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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

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

Sml

16.10.2024

____________ https://www.mhc.tn.gov.in/judis