Madras High Court
N.Ravichandran vs The Registrar Of Co-Operative ... on 14 October, 2019
Author: M. Dhandapani
Bench: M. Dhandapani
W.P.No.25073 of 2019
&
WMP.Nos.24651, 24653 & 24655 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.10.2019
CORAM
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P.No.25073 of 2019
&
WMP.Nos.24651, 24653 & 24655 of 2019
N.Ravichandran ... Petitioner
Vs.
1.The Registrar of Co-operative Societies (Housing),
Veppary,
Chennai – 600 007.
2.The Deputy Registrar of Co-operative Societies (Housing),
Cuddalore.
3.SA.HSG. 56, Vridhachalam Taluk
Co-operative Housing Society Ltd.,
Rep. by its President,
No.11, Kattukoodalur Road,
Thiru.Vee.Kaa. Nagar,
Vridhachalam – 606 001. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Certiorarified Mandamus calling for the records of the
2nd respondent in Na.Ka.No.677/2019 Ki.Vi.thi dated .07.2019 quash the
same and direct the respondents to pay the petitioner's retirement
benefits i.e., Payment of Gratuity of Rs.14,24,800/-, Employees Provident
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W.P.No.25073 of 2019
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WMP.Nos.24651, 24653 & 24655 of 2019
Fund (EPF own) Rs.1,51,287/-, employees Provident Fund (Society
Contribution) Rs.5,81,422/-, Leave salary of Rs.6,08,000/- and Security
Deposit of Rs.440/- Totally Rs.27,65,949/- with 12% interest.
For Petitioner :Mr.M.S.Palaniswamy
For Respondents 1 & 2 :Mr.L.P.Shanmugasundaram,
Special Government Pleader
For Respondent 3 :Mr.M.Ravi Bharathi
ORDER
This Writ Petition has been filed to call for the records of the second respondent in Na.Ka.No.677/2019 Ki.Vi.thi dated .07.2019 and also to direct the respondents to disburse the petitioner's retirement benefit.
2. The case of this petition is that the petitioner was appointed as a clerk in the third respondent society on 01.03.1981. Subsequently, he was promoted to various posts and he attained superannuation on 31.07.2019 and relieved from service on 31.07.2019 as Secretary to the third respondent society. Till date, he has not received the retirement benefit and hence, he filed this petition. http://www.judis.nic.in 2/8 W.P.No.25073 of 2019 & WMP.Nos.24651, 24653 & 24655 of 2019
3. The learned counsel for the petitioner submitted that the petitioner was retired from the service on 31.07.2019 as Secretary to the third respondent society. Even after the lapse of two months from the date of his retirement, settlement was not made to him. The learned counsel for the petitioner further submitted that on the date of retirement of the petitioner, the second respondent sent a letter to the third respondent stating that the petitioner has received excess salary and he was directed to relieve from the service and withheld the retire benefits and the third respondent acting on the direction of the second respondent passed an order dated 31.07.2019 and relieved the petitioner from service withholding the retirement benefits. It is the case of the petitioner that the second respondent has no authority or jurisdiction to direct the third respondent to relieve the petitioner from the society and to withhold the retirement benefits. He has also submitted that as on date, neither any disciplinary proceeding nor any surcharge proceeding is pending against the petitioner and hence, there is no justice in keeping the retirement benefits pending.
4. The third respondent has filed his counter dated 11.10.2019 before this Court today. The relevant portion of the counter is extracted hereunder:
http://www.judis.nic.in 3/8 W.P.No.25073 of 2019 & WMP.Nos.24651, 24653 & 24655 of 2019 “5. With regard to Para 3 of the affidavit it is submitted that, the petitioner being the secretary of the 3rd Respondent society, shall be responsible for the executive administration of the society, subject to the overall control of the president according to bye law No.36(3) of the Registered bye laws of 3rd Respondent's society. The Petitioner is the chief executive Officer of the society. While so, section 84 of the Tamil Nadu Cooperative Societies Act 1983 fixes the following responsibilities on the chief executive as follows:
“ The chief Executive that is, the principal paid officer of every registered society by whatsoever designation he is called shall be bound to keep and maintain such accounts and books relating to that society, in such a manner as may be prescribed. He shall be responsible for correct and up to date of such maintenance of accounts and books and for producing them when called for in connection with audit. Under Section 80 or Inquiry under section 81, or Inspection or Investigation under section 82 or inspection of books under section 83.” Hence the Petitioner being the chief executive officer of the society, shall be responsible the correct and up to date, maintenance and production of books for Audit. While so, the petitioner during his tenure as Secretary had fixed his pay and allowance from January 1996 to July 2019, in violations of the instructions of the Registrar of Cooperative Societies (Housing), Chennai http://www.judis.nic.in 4/8 W.P.No.25073 of 2019 & WMP.Nos.24651, 24653 & 24655 of 2019 vide R.C.1/95/04 dated 22.02.1995 had drawn Rs.92, 96,850/- in excess of Rs.39,73,490 for which the petitioner was causing a huge financial loss to the 3rd Respondent's society. The petitioner was eligible for his pay and allowance for the period from January 1996 to July 2019 is a sum of Rs.53,23,360/-.
7. With regard to Para 4 of the affidavit it is submitted that, there is no discrepany regarding the retirement of the Petitioner or the terminal benefits to be disbursed to him in view of his retirement. The 3 rd Respondent's society thrives from its marginal interest it derives from the loan recovery from its members, and the establishment and contingency charges have to be borne within the norms prescribed by the Registrar of Cooperative Societies, (Housing), Chennai. So the funds of the society could not be utilized for the disbursement of the terminal benefits of the Petitioner based on his own calculations according to his own whims and fancies.”
5. Considering the facts and circumstances of the case that the petitioner retired from service on 31.07.2019 and even on perusal of the counter filed by the third respondent which clearly states that there is no disciplinary proceeding or recovery proceeding pending against the petitioner and merely inquiry conducted under Section 81 and section 82 of the Act will not bar the third respondent to disburse the retirement benefits in favour of the petitioner, unless the third respondent http://www.judis.nic.in 5/8 W.P.No.25073 of 2019 & WMP.Nos.24651, 24653 & 24655 of 2019 initiated any disciplinary proceeding or surcharge proceeding under Section 87 of the Act to withheld the disbursement of retirement benefit, I am inclined to direct the third respondent to settle the retirement benefits to the petitioner in accordance with law within a period of six weeks from the date of receipt of a copy of this Order.
6. With the above direction, this writ petition is disposed of. No costs. Consequently connected miscellaneous petitions are closed.
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Index : Yes / No
Internet : Yes / No
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W.P.No.25073 of 2019
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WMP.Nos.24651, 24653 & 24655 of 2019
To
1.The Registrar of Co-operative Societies (Housing), Veppary, Chennai – 600 007.
2.The Deputy Registrar of Co-operative Societies (Housing), Cuddalore.
http://www.judis.nic.in 7/8 W.P.No.25073 of 2019 & WMP.Nos.24651, 24653 & 24655 of 2019 M. DHANDAPANI, J.
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