1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.12769 of 2011 C.P.Sitrarasu : Petitioner Vs. 1.The Joint Registrar of Cooperative Societies, Collectorate Buildings, Vel Nachiyar Valagam, Dindigul. 2.The Deputy Registrar of Cooperative Societies, LD Cooperative Bank Building, Palani Road, Dindigul, Dindigul District. 3.The Special Officer, MD 99, Dindigul Vijaya Shree Spinning Mill Employees Cooperative Thrift and Credit Society Ltd., Muthunagar, N.G.O. Colony, Dindigul, Dindigul District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to disburse an amount of Rs.3,84,129/- in settlement of retirement benefits eligible to the petitioner by considering the representation of the petitioner dated 14.09.2011. For Petitioner : M/s.V.O.S.Kalaiselvam For Respondents 1 & 2 : Mr.T.R.Janarthanan Additional Government Pleader For Respondent 3 : Mr.S.Kumar ORDER The petitioner C.P.Sitrarasu has filed this Writ Petition seeking for the issuance of a writ of mandamus directing the respondents to disburse an amount of Rs.3,84,129/- in settlement of retirement benefits eligible to the petitioner by considering the representation of the petitioner dated 14.09.2011. 2. Heard Mr.V.O.S.Kalaiselvam, the learned Counsel appearing for the petitioner, Mr.T.R.Janarthanan, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.S.Kumar, the learned Counsel appearing for the third respondent. 3. By consent of all the parties, this Writ Petition itself is taken up for final disposal. 4. The learned Counsel appearing for the petitioner would submit that the petitioner who joined in the service of the society as Clerk on https://hcservices.ecourts.gov.in/hcservices/ 2 13.11.1986 was promoted in the year 1991 as Accountant and thereafter promoted as Secretary from 01.01.1994 and while he was serving as Secretary, he reached the age of superannuation on 30.06.2010 and thereupon he was allowed to retire from service as he has no adverse departmental proceedings pending against him. Therefore, the case of the petitioner as presented by the learned Counsel appearing for the petitioner before this Court is that as admittedly where there was no adverse entry or departmental proceedings pending against him as on the date of retirement from his service viz., 30.06.2010, the petitioner is entitled to get his retirement benefits. Therefore, the petitioner has also made a written representation on 14.09.2011. But, the third respondent has sent a reply on 10.10.2011 along with a cheque for Rs.13,164/- towards part-payment of his retirement benefits. However, in view of the sickening financial position faced by the third respondent, the third respondent sought for some more time to settle the rest of the amount. 5. The learned Counsel appearing for the third respondent would submit that the petitioner during his tenure as a Secretary has committed some irregularities, therefore, the respondents have to consider the other things and thereafter the retirement benefits would be settled. 6. The above submission is liable to be rejected for the reason that when the petitioner was allowed to retire from service on 30.06.2010, there was no such objection or impediment for allowing the petitioner to retire from service. While so, the respondents cannot now retain the terminal benefits to which the petitioner is legally entitled to. The learned Additional Government Pleader appearing for the respondents 1 and 2 has also supported the prayer made by the learned Counsel appearing for the third respondent to grant four weeks time to settle the remaining amount. In that view of the matter, the third respondent is directed to settle all the retirement benefits to the petitioner within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs. SD ASST REGISTRAR ( AE ) /TRUE COPY/ srm SUB ASST REGISTRAR To 1.The Joint Registrar of Cooperative Societies, Collectorate Buildings, Vel Nachiyar Valagam, Dindigul. 2.The Deputy Registrar of Cooperative Societies, LD Cooperative Bank Building, Palani Road, Dindigul, Dindigul District. 3.The Special Officer, MD 99, Dindigul Vijaya Shree Spinning Mill Employees Cooperative Thrift and Credit Society Ltd., Muthunagar, N.G.O. Colony, Dindigul, Dindigul District. 1CC TO THE SPL. GOVT PLEADER SR: 39884: DM::2011:NOVEMBER:29:: Order made in W.P.(MD).No.12769 of 2011 2P:5C:: Dated:- 15.11.2011 https://hcservices.ecourts.gov.in/hcservices/