High Court · 2025

W.P.No.38680 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14.10.2025CORAM:THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRAW.P.No.38680 of 2025T.Ramesh ...PetitionerVs.1.The Joint Registrar of Co-op. Societies,3rd Floor, Collectorate Compound, “F” Block,Venpakkam, Chengalpet District – 603 301.2.The Deputy Registrar of Co-op. Societies,Public Distribution System,Hospital Road, Madhuranthangam,Chengalpet District – 603 311.3.The Executive Officer/Sub Registrar,G-2256, Kallabiranpuram Primary Agricultural Co-op. Credit Society, Kallabiranpuram (Post), Madhuranthangam Taluk,Chengalpet District – 630 308.4.The Secretary, G-2256, Kallabiranpuram Primary Agricultural Co-op. Credit Society,Kallabiranpuram (Post) – 630 308,Madhuranthangam Taluk, Chengalpet District. ...Respondents1/8 https://www.mhc.tn.gov.in/judis W.P.No.38680 of 2025 Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay the entire terminal benefits of the petitioner a sum of Rs.8,70,758/- (Rupees Eight Lakhs Seventy Thousand and Seven Hundred Fifty Eight only) due under the heads of Gratuity, Provident Fund and Surrender of Earned Leave along with the interest at the rate of 12% per annum from the date of retirement of the petitioner i.e., 30.09.2023 to till the date of disbursement of entire amount.For Petitioner : Ms.K.C.MuthulakshmiFor Respondents: Dr.S.Suriya, AGPORDER Aggrieved by the non-payment of the terminal benefits such as Gratuity, Provident Fund and Surrender of Earned Leave, the total of which amounts to Rs.8,70,758/- (Rupees Eight Lakhs Seventy Thousand Seven Hundred and Fifty Eight only), the petitioner has come up with this writ petition seeking payment of the said terminal benefits along with interest at the rate of 12% per annum from the date of retirement i.e., 30.09.2023 till the date of disbursement of the amount.2. Dr.S.Suriya, learned Additional Government Pleader, takes notice on 2/8 https://www.mhc.tn.gov.in/judis W.P.No.38680 of 2025behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this writ petition is taken up for final disposal at the admission stage itself.3. The case of the petitioner is that, he was appointed as a Salesman on 01.06.1992 in the respondent society, which serves the weaker section of the society by lending loans to agriculturists and also to self help groups. After completion of 31 years of service, the petitioner retired from service on 30.09.2023, on attaining the age of superannuation. While so, even after a lapse of about two years, the petitioner was not paid with the entire terminal benefits and he was paid only a sum of Rs.4,30,000/-. Therefore, the petitioner made several representations before the respondents seeking payment of retirement benefits and the last representation made by the petitioner in this regard was on 13.04.2024. However, till date, no steps have been taken by the respondents to disburse the entire terminal benefits to him. Hence, the petitioner has come up with this writ petition seeking the aforesaid relief.4. Learned counsel for the petitioner submitted that, though the 3/8 https://www.mhc.tn.gov.in/judis W.P.No.38680 of 2025petitioner retired from service as early as on 30.09.2023, till date, he was not paid the entire terminal benefits. In such circumstances, based on the audit report, the 3rd respondent issued an order on 21.11.2023, holding that the retirement benefits payable to the petitioner comes to around Rs.4,76,914/-, which is an erroneous calculation and the petitioner is originally entitled to a sum of Rs.13,00,758/- towards retirement benefits and the respondent society has failed to include the amount payable towards earned leave surrendered by the petitioner and the balance amount to be paid in favour of the petitioner is Rs.8,70,758/-. Hence, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondents to pay a sum of Rs.8,70,758/- to the petitioner, along with interest at the rate of 12% per annum, as expeditiously as possible.5. Per contra, the learned Additional Government Pleader appearing for the respondents, on instructions, submitted that, as per audit report, the retirement benefits payable to the petitioner is Rs.9,03,311/-, out of which, already a sum of Rs.4,30,000/- has been paid to the petitioner and the balance amount of Rs.4,73,311/- will be paid to the petitioner by way of two 4/8 https://www.mhc.tn.gov.in/judis W.P.No.38680 of 2025installments, i.e., a sum of Rs.1,13,993/- on or before 20.10.2025 and the balance amount of Rs.3,59,318/- before March, 2026.6. Heard the learned counsel for the parties and perused the materials available on record.7. On a perusal of the materials placed on record, it is seen that the petitioner has not been paid with the entire terminal benefits, even after a lapse of about two years, from the date of his retirement i.e., 30.09.2023. Though it has been stated that the respondent society is running with cumulative loss due to the lapse committed by the other persons, the same cannot be held against the petitioner, who has retired from service.8. In view of the above, this Court, directs the respondent concerned to disburse the admitted terminal benefits which amounts to Rs.4,73,311/- to the petitioner as submitted by the learned Additional Government Pleader, ie., the 1st installment shall be paid on or before 30.11.2025 and the 2nd installment shall be paid before March, 2026, of course, along with interest at the rate of 5/8 https://www.mhc.tn.gov.in/judis W.P.No.38680 of 20256% per annum, failing which, the same will carry interest at the rate of 9% per annum from the date on which the amount became due and payable till the date of actual disbursement. 9. Insofar as the disputed amount, the respondent concerned shall consider the petitioner's representation dated 13.04.2024 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.10. With the above directions, this writ petition stands disposed of. No costs. 14.10.2025sktIndex: Yes/NoSpeaking order : Yes/NoNCC: Yes/NoTo:6/8 https://www.mhc.tn.gov.in/judis W.P.No.38680 of 20251.The Joint Registrar of Co-op. Societies,3rd Floor, Collectorate Compound, “F” Block,Venpakkam, Chengalpet District – 603 301.2.The Deputy Registrar of Co-op. Societies,Public Distribution System,Hospital Road, Madhuranthangam,Chengalpet District – 603 311.3.The Executive Officer/Sub Registrar,G-2256, Kallabiranpuram Primary Agricultural Co-op. Credit Society, Kallabiranpuram (Post), Madhuranthangam Taluk,Chengalpet District – 630 308.4.The Secretary, G-2256, Kallabiranpuram Primary Agricultural Co-op. Credit Society,Kallabiranpuram (Post) – 630 308,Madhuranthangam Taluk, Chengalpet District.A.D.JAGADISH CHANDIRA, J.7/8 https://www.mhc.tn.gov.in/judis W.P.No.38680 of 2025sktW.P.No.38680 of 202514.10.20258/8