Madras High Court
The Joint Registrar Of Co-Operatives vs S.Muthulakshmi ... 1St on 27 September, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.(MD)No.1651 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HON'BLE MRS.JUSTICE VICTORIA GOWRI
W.A.(MD)No.1651 of 2024
and
C.M.P(MD)No.12957 of 2024
1.The Joint Registrar of Co-operatives,
Dindigul, Dindigul District.
2.The Circle Deputy Registrar of Co-operatives,
Dindigul, Dindigul District ... Appellants/Respondents 1 and 2
vs.
1.S.Muthulakshmi ... 1st Respondent/Writ Petitioner
2.The Administrator,
DD 36, Sithiyankottai,
Primary Agricultural Co-operative Credit Society,
Sithiyankottai,
Dindigul District. ...2nd Respondent/3rd Respondent
PRAYER: Writ Petition filed under Clause 15 of the Letters Patent challenging
the order dated 13.06.2024 made in W.P.(MD)No.25624 of 2024.
1/4
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1651 of 2024
For Appellants : Mr.P.T.Thiraviyam
Government Advocate
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) In view of the judgment in S.Andiyannan vs. the Joint Registrar, Co-
operative Societies, Madurai and another, the question as to the effect of the proceedings under Section 87(2) of the Tamil Nadu Co-operative Societies Act on the retirement benefits of an employee of the society is no longer res integra. It is settled by long line of decisions in the Registrar of Co-operative Society (Housing), Chennai – 7 and another Vs. R.Panneerselvam and 2 others in W.A.No.61 of 2022 dated 09.03.2022 and in M.Ravikumar vs. the Registrar of Co-operative Societies, Chennai – 10 and 2 others in W.A.No.2362 of 2019 dated 13.04.2022.
2. We also followed it in W.A(MD)No.1782 of 2024 and in our order dated we held thus:
''The writ Court followed the earlier judgment of this Court 2/4 https://www.mhc.tn.gov.in/judis W.A.(MD)No.1651 of 2024 in W.P.25923 of 2021 wherein it was held that terminal benefits cannot be withheld because of a surcharge award that has been passed against the employee. The same view has been expressed by a Division Bench of this Court in Registrar Cooperative Societies (Housing) vs. R.Paneerselvam made in W.A.No.61 of 2022 dated 09.03.2022''.
3. Hence, this writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(R.S.M., J.) (L.V.G., J.)
27.09.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
CM
To,
1.The Joint Registrar of Co-operatives, Dindigul, Dindigul District.
2.The Circle Deputy Registrar of Co-operatives, Dindigul, Dindigul District.
3/4https://www.mhc.tn.gov.in/judis W.A.(MD)No.1651 of 2024 R.SUBRAMANIAN, J.
and L.VICTORIA GOWRI, J.
CM W.A.(MD)No.1651 of 2024 and C.M.P(MD)No.12957 of 2024 27.09.2024 4/4 https://www.mhc.tn.gov.in/judis