IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.11..2009 CORAM: THE HONOURABLE MR. JUSTICE R.SUDHAKAR W.P. No.8685 of 2009 P. Ganesan ...Petitioner Vs. 1.The Joint Registrar of Co-operative Societies, Thiruvarur. 2. The Deputy Registrar of Co-operative Societies, Thiruvarur. 3. The Special Officer, ZA 16, Adambar Primary Agricultural Co-operative Bank, Adambar & Post, Nannilam Taluk, Thiruvarur District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents particularly the 3rd respondent to disburse the retirement benefits to the petitioner. For Petitioner : Mr. P.P.Shanmugasundaram For Respondents : Mrs. C.K.Vishnupriya -R1&R2 Addl. Govt. Pleader Mr. R. Thirugnanam – R3 ORDER This writ petition is filed to issue a Writ of Mandamus directing the respondents particularly the 3rd respondent to disburse the retirement benefits to the petitioner. 2. The petitioner retired as watchman from the third respondent Bank. He made a representation to the authorities on https://hcservices.ecourts.gov.in/hcservices/ several occasions for disbursement of retirement benefits. The last representation was made on 8.3.2007. The Bank in the reply stated that they are facing financial difficulty resulting in delayed payment of retirement benefits. Hence, the present writ petition. 3. Heard Mr. Shanmugasundaram, and Mr. Thirugnanam, learned counsel appearing for the third respondent as well as the Additional Government Pleader. A counter affidavit has been filed and in paragraph 11, which is relevant to the case and it reads as follows:- " With regard to the averments contained in Grounds (a) to (c) are concerned, it is submitted that this respondent has paid a sum of Rs.1,04,085/- towards the petitioner's retirement benefits. The third respondent is taking steps to settle the balance retirement benefit of Rs.76,580/- to the petitioner. It is not correct to state that the non-disbursement the petitioner's retirement benefit is illegal, arbitrary and against law. Due to the Poor financial condition of the Society, the monthly salary of the staff working as on could not be paid monthly. Hence, the society is not in a position to settle the retirement benefits of the petitioner in one lump sum. 1. Balance Provident Fund not remitted : Rs.34,448/- 2.Encashment of earned leave for 43 days only : Rs. 5,573/- 3.Incremental arrears for July 2004 to July 2006 : Rs. 2,324/- 4. Gratuity eligible earns staff society : Rs.31,235/- ----------- Total : Rs.76,580/- (-) (17.8.2009) Rs.37,448/- --------------- Rs.39,138/- ----------------- The third respondent seeks further time to pay the balance amount without fail. The statement of the respondent in affidavit and the undertaking given to pay the amount is recorded. 4. In view of the stand taken by the third respondent in the counter affidavit the undertaking given to this Court and also in view of the financial difficulties pleaded, the third respondent is directed to settle the balance amount within a period of three months from the date of receipt of a copy of this order. The petitioner is entitled to receive the balance amount without https://hcservices.ecourts.gov.in/hcservices/ prejudice to any further claim in accordance with law including that of the interest if permissible. The writ petition is ordered as above. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst.Registrar ra To 1. The Joint Registrar of Co-operative Societies, Thiruvarur. 2. The Deputy Registrar of Co-operative Societies, Thiruvarur. 3. The Special Officer, ZA 16, Adambar Primary Agricultural Co-operative Bank, Adambar & Post, Nannilam Taluk, Thiruvarur District. +1 cc to Mr.R.Thirugnanam, Advocate, SR.No.63206 +1 cc to Mr.P.P.Shanmuga Sundaram, Advocate, SR.No.63082 WP No. 8685 of 2009 SP {CO} TP/2.12.2009. https://hcservices.ecourts.gov.in/hcservices/