Madras High Court
A.Thangaraju vs The Joint Registrar Of Co-Operative ... on 9 September, 2024
Author: Battu Devanand
Bench: Battu Devanand
W.P.No.6054 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2024
CORAM :
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
Writ Petition No.6054 of 2018
A.Thangaraju ... Petitioner
Vs.
1.The Joint Registrar of Co-Operative Society,
Perambalur Region, Perambalur,
Perambalur District.
2.The Deputy Registrar of Co-Operative Society,
Perambalur,
Perambalur District.
3.The President,
R.154, Athiyur Primary Agricultural Co-Operative Credit Society,
Athiyur Village & Post, Kunnam Taluk,
Perambalur District. … Respondents
Writ Petition filed under Article 226 of Constitution of India, praying
for issuance of Writ of Certiorarified Mandamus calling for the records of the
first respondent in his proceedings bearing Revision Petition
No.4/2017/Sa.Pa.(Na.Ka.3379/2017/Sa.Pa.) dated 15.12.2017 and to quash
the same and for consequential direction directing the third respondent
Society pay settle the retirement benefits (Provident Fund, Gratuity and other
attendant benefits) with interest at the rate of 13 ½ % per annum from the date
of due till the date of realization to the petitioner.
Page No.1 of 7
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W.P.No.6054 of 2018
For Petitioner : M/s.N.Gowri
for M/s.G.Ilamurugu
For Respondents 1 & 2 : Mr.S.Ravikumar,
Special Government Pleader
For Respondent 3 : Mr.A.Selvendran,
Special Government Pleader
ORDER
This writ petition has been filed seeking to settle the retirement benefits
with interest by quashing the impugned order dated 15.12.2017 passed by the
first respondent.
2. Heard the learned counsel for the petitioner and the learned
Government Pleader appearing for the respondents 1 & 2 and learned
Standing Counsel for the third respondent society and perused the materials
available on record.
3. The facts of the case is that the petitioner was appointed by the third
respondent society on 01.11.1982 and retired from service on 31.01.2015 on
attaining superannuation. Thereafter, the retirement benefits of the petitioner
are withhold by the third respondent. Aggrieved by the same, the petitioner
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filed this writ petition.
4. During the course of hearing, on behalf of the third respondent, a
calculation memo is filed. As per the said calculation memo, the petitioner is
entitled for retirement benefits for a sum of Rs.13,56,572/-. The amount to be
recovered from the petitioner is Rs.5,92,217/-. The petitioner was paid an
amount of Rs.3,00,000/- on 26.12.2017. Accordingly, as of now, the
petitioner is eligible to receive the retirement benefits of Rs.4,64,355/- and it
is stated that the third respondent society is ready to disburse the same.
5. On behalf of the petitioner also a memo of calculation is filed. As
per the calculation memo filed by the petitioner, the balance amount payable
by the third respondent to the petitioner is Rs.4,66,714/-. The petitioner also
claiming interest on the retirement benefits. As there is only less than
Rs.3,000/- difference between the calculation memos filed by the petitioner
and the third respondent, the eligible benefit to be paid for the petitioner by
the third respondent is rounded off to Rs.4,65,000/-. The third respondent has
to pay the said amount to the petitioner.
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6. Learned counsel for the petitioner relied on the judgment of this
Court in C.Ramanathan Vs., Assistant Commissioner for Labour-Gratuity,
Office of the Assistant Commissioner for Labour and others, reported in
2012 1 CWC 417 in support of her contention. The relevant portions of the
said judgment are extracted hereunder:
“9. Since the entire amount has been withheld from
30.11.2009, on which date the Petitioner was permitted to retire
and such an action of withholding the same has been held to be
illegal, the Petitioner would eb entitled to interest on the
outstanding dues. This Court is of the view that payment of
simple Interest at the rate of 10% per annum on the dues, would
be just and reasonable.
10. In the light of the above observations, the impugned
Order in Pa.Ko.No.340/16, dated 15.04.2016 and the
consequential letter of the 3rd Respondent, dated 2.07.2016 are
quashed. Consequently, there shall be direction to the Third
Respondent herein to disburse the monetary benefits due to the
Petitioner owing to his Retirement, as expeditiously as possible,
in any event within a period of four (04) weeks from the date of
receipt of a copy of this order, together with 10% simple interest
per annum on the entire outstanding dues, from his date of
Retirement, till the date of actual payment.”
7. Having considered the submissions of the learned counsel appearing
on either side and on careful examination of the facts and circumstances, this
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Court is of the considered opinion that the petitioner is entitled for a sum of
Rs.4,65,000/- towards retirement benefits from the third respondent. Though
the petitioner retired from service with effect from 31.01.2015, the entire
retirement benefits are not paid to the petitioner till date. The petitioner is
also entitled for the interest for the balance amount to be paid by the third
respondent towards retirement benefits.
8. For the above said reasons, this writ petition is allowed with the
following directions:
(i) The order impugned in this writ petition is quashed;
(ii) The third respondent is directed to pay a sum of Rs.4,65,000/- with
interest at the rate of 10% to the petitioner within a period of six weeks from
the date of receipt of a copy of the order.
(iii) There shall be no order as to costs.
09.09.2024
vm
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
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BATTU DEVANAND,J.
vm
To:
1.The Joint Registrar of Co-Operative Society,
Perambalur Region, Perambalur,
Perambalur District.
2.The Deputy Registrar of Co-Operative Society,
Perambalur,
Perambalur District.
3.The President,
R.154, Athiyur Primary Agricultural Co-Operative Credit Society,
Athiyur Village & Post, Kunnam Taluk,
Perambalur District.
https://www.mhc.tn.gov.in/judis
09.09.2024
https://www.mhc.tn.gov.in/judis
