1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P(MD)No.4638 of 2011 R.Ramalingam : Petitioner Vs. 1.The Joint Registrar of Co-operative Societies, Thanjavur. 2.The Deputy Registrar of Co-operative Societies, Thanjavur. 3.The Special Officer, T.1768, Aarkadu Primary Agricultural Co-operative Soceity, Thiruvaiyaru Taluk, Thanjavur District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent herein to pass final orders on the claim of the petitioner to pay the retirement benefits duly considering the petitioner's representation dated 04.03.2011 and pass such further or other orders. For Petitioner : Mr.S.Annamalai For Respondents : Mr.V.Rajasekaran 1 and 2 Special Govt. Pleader For Respondent : Mr.Nandagopal No.3 O R D E R ********** Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent. 2. By consent, this writ petition itself is taken up for final hearing. 3. The petitioner has come up with the present petition for a mandamus directing the first respondent to pass final orders on the claim made by him for payment of retirement benefits duly considering his representation dated 04.03.2011. 4. The case of the petitioner in nutshell is stated hereunder: https://hcservices.ecourts.gov.in/hcservices/ 2 The petitioner entered into service as a Secretary of the third respondent society on 30.09.1974. Nearly 35 years, he has rendered service in the said Coopertive Department. He has attained the age of superannuation on 30.06.2008. The third respondent submitted a proposal on 13.06.2008 to the second respondent seeking approval to permit him to retire from service. The second respondent passed an order dated 30.06.2008 permitting the petitioner to retire from service. However the second respondent has not passed order about the payment to be made to the petitioner viz., retirement benefits. 5. After retirement from service, the petitioner has approached the third respondent personally and requested him to pay the retirement benefits. Though he has assured that he will take necessary steps to pay the retirement benefits after getting permission from the second respondent, he did not take any effective steps. The petitioner, therefore, was constrained to send a legal notice dated 30.03.2010. Again, the petitioner submitted a representation dated 04.03.2011 to the respondents requesting them to pay the retirement benefits to him. Since nothing has yielded positively, the petitioner has filed the present writ petition for the reliefs stated earlier. 6. After considering the submissions made by the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 and 2 and also the learned counsel appearing for the third respondent, I am of the considered view that if there is no proceedings are pending against the petitioner, the respondents are bound to settle the terminal benefits to the petitioner. The petitioner, who was retired from service on 30.06.2008 on attaining the age of superannuation cannot be deprived of his retirement benefits. 7. Taking such a view, I direct the first respondent to pass appropriate orders on the claim of the petitioner and also direct the respondents to settle the terminal benefits due to the petitioner, if there is no other impediment within a period of six weeks from the date of receipt of a copy of this order. If the amount is not paid within the time fixed by this Court, it will carry interest at the rate of 12% per annum from the date, when it is due till the date of settlement of the entire amount. 8. The Writ Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. SD/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Joint Registrar of Co-operative Societies, Thanjavur. 2.The Deputy Registrar of Co-operative Societies, Thanjavur. 3.The Special Officer, T.1768, Aarkadu Primary Agricultural Co-operative Society, Thiruvaiyaru Taluk, Thanjavur District. ORDER MADE IN W.P(MD)No.4638 of 2011 smn/PAM 18.05.2011/4C/2P 29.04.2011 https://hcservices.ecourts.gov.in/hcservices/