1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18/04/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.4432 of 2011 S.Thiyagarajan ... Petitioner Vs 1.The Joint Registrar, Co-operative Societies, Sivagangai. 2.The Deputy Registrar, Co-operative Societies, Joint Registrar's Office, Subramaniapuram 5th street, Karaikudi. 3.The Special Officer, NN 576 Posalakudi PACCS No.76/B4 Kandadevi Road, Devakottai. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the first and second respondents herein to dispose of the representation of the petitioner dated 09.03.2011. For petitioner ...Mr.R.Vijayakumar For Respondent ...Mr.V.Rajasekaran Spl. Government Pleader O R D E R Mr.V.Rajasekaran, Special Government Pleader, takes notice for the respondents. By consent, the Writ Petition is taken up for final hearing. 2. The petitioner has come up with the present writ petition for a mandamus directing the first and second respondents herein to dispose of the representation of the petitioner, dated 09.03.2011. 3. The case of the petitioner is that he was appointed as a Salesman on 01.05.1980 in the third respondent Society. On 12.01.1996, when an inspection was conducted, it was alleged that there was a stock deficit and that he has shifted the rice and kerosene to his residence. An FIR was registered against him in crime no.11 of 1996 under Section 6 (2) and 6(3) of TNSC (RDCS) Order r/w section 7(1)(a)(ii) of EC Act 1955. Though the investigation was completed, no further proceeding was taken for the past 15 years. The matter is still pending before the Sessions https://hcservices.ecourts.gov.in/hcservices/ 2 Judge, Pudukottai. The departmental proceedings were initiated against the petitioner and he was placed under suspension on 25.01.1996. A show cause notice was issued, an enquiry was conducted on 01.10.1996 and an order of dismissal from service was passed against him on 31.10.1996. He gave a representation to the authorities to reconsider the order of dismissal on humanitarian ground. The order of dismissal was revoked and he was reinstated as a Salesman by order dated 17.07.1997. Thereafter, he has performed his duties as a Salesman till 31.12.2010, the date on which he has attained the age of superannuation. 4. The third respondent, by an order, dated 30.12.2010, permitted him to retire subject to the pendency of the criminal proceeding. Hence, the petitioner has not received any terminal benefits. The other salesman, namely, N.Sundarrajan, who also involved in a criminal case, was given terminal benefits after his retirement. The petitioner, therefore, gave a representation to the respondents to settle his terminal benefits. However, the said representation was not considered and hence the petitioner has come up with the present writ petition for the relief stated earlier. 5. Considering the limited scope of the matter, without expressing any opinion on the claim made by the petitioner, I direct the first respondents to consider the representation of the petitioner, dated 09.03.2011 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The Writ Petition is ordered accordingly. No costs. RR Sd/- Deputy Registrar[Accounts] /true copy/ Assistant Registrar To 1.The Joint Registrar, Co-operative Societies, Sivagangai. 2.The Deputy Registrar, Co-operative Societies, Joint Registrar's Office, Subramaniapuram 5th street, Karaikudi. 3.The Special Officer, NN 576 Posalakudi PACCS No.76/B4 Kandadevi Road, Devakottai. +1 cc to Mr.R,.Vijayakumar, Advocate SR.No.14077. +1 cc to Special Government Pleader, SR.No.14318. W.P.(MD) No.4432 of 2011 Dated:18.04.2011 2P/5C RPB 27.04.2011 https://hcservices.ecourts.gov.in/hcservices/