A.Marappan v. The Joint Registrar of Co-Operative Societies

ORDER The writ petition has been filed for a mandamus directing the respondents to pay the entire terminal benefits of the petitioner totalling a Sum of Rs.6,05,617/- (Six lakhs five thousand Six hundred and Seventeen only) under heads of Provident Fund, Gratuity, Surrender of earned leave along with interest at the rate of 12 percent P.A. from the date of retirement of the petitioner i.e on 31.3.2022 to till the ate of disbursement of entire amount to the petitioner and also interest for the amount of Rs.4,95,320 /- disburse belatedly till 2025.

¶2It is the case of the petitioner that the petitioner was appointed as Night Watchman in the third respondent society on 29.12.1990 and thereafter, retired from service on 31.03.2022. The petitioner was paid only Rs.2,50,000/- towards his terminal benefits. Since, a sum of Rs.6,05,617/- was due to him, he made several representations to the respondents, for which, there is no response till date. Therefore, a sum of Rs.6,05,617/- is pending from 31.03.2022 and also interest for the belated payment of a sum of Rs.4,95,320/-. The petitioner made Page3 of 5 several representation. Since there is no response till date, aggrieved petitioner is before this Court.

¶3Heard the learned counsel on either side and perused the materials available on record.

¶4As per the contentions of the petitioner, a sum of Rs.6,05,617/- is due and payable to him. It is admitted even according to the respondents, that in the year 2022, as on date of the retirement of the petitioner, a sum of Rs.6,08,974.34/- is payable to the petitioner after giving credit to the sum of Rs.4,90,459/-. The said sum of Rs.6,08,974.34 /- has not been paid for over 4 years and the respondents would plead that there is no funds in the society.

¶5However, this defence made by the learned counsel for the respondents cannot be appreciated as the respondents have utilised the service of the petitioner till his retirement. When an employee is due to retire on a particular date which is already known to the management, then, the management ought to have made arrangements and ensure that the terminal benefits payable to that employee are made ready. Further the employees now working are receiving their salary. Page4 of 5

¶6Therefore, the writ petition is allowed as prayed for and the respondents are directed to settle the amounts that are due and payable to the petitioner together with the market rate of interest that is now applicable within a period of two months from the date of receipt of a copy of this order. No costs. 23-03-2026 Index: Yes/No Speaking/Non-speaking order ssa To

1.The Joint Registrar of Co-Operative Societies Tiruppur Zonal Office, District Collectorate Office Campus, No.407,4th Floor, Palladam Road, Tiruppur-641 604.

2.The Deputy Registrar of Co-Operative Societies The Co-Operative Sales Society Campus, Palladam Road, Tiruppur-641 604.

3.The Administrator/ Executive officer K766, Kanurpudur Primary Agricultural Co-Op Credit Society, Kanur Pudur, Kanur(Post)- 641 655, Avinashi Taluk, Tiruppur District. Page5 of 5

P.T.ASHA, J. ssa 23-03-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA A.Marappan Night Watchman (Retd), K-766, Kanur Pudur Primary Agricultural Co-Operative Society, 1/200, Kanurpudur Post 641 655, Avinashi Taluk, Tiruppur District. ..Petitioner(s) Vs 1. The Joint Registrar of Co-Operative Societies Tiruppur Zonal Office, District Collectorate Office Campus, No.407,4th Floor, Palladam Road, Tiruppur-641 604. 2. The Deputy Registrar of Co-Operative Societies, The Co-Operative Sales Society Campus, Palladam Road, Tiruppur-641 604. 3. The Administrator/ Executive officer K766, Kanurpudur Primary Agricultural Co-Op Credit Society, Kanur Pudur, Kanur(Post)- 641 655, Avinashi Taluk, Tiruppur District. ..Respondent(s) PRAYER: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondents to pay the entire terminal benefits of the petitioner a Sum of Rs.6,05,617 /- (Six lakhs five thousand Six hundred and Seventeen only) under heads of Provident Fund, Gratuity, Surrender of earned leave along with interest at the rate of 12 percent P.A. from the date of retirement of the petitioner i.e on 31.3.2022 to Page2 of 5 till the ate of disbursement of entire amount to the petitioner and also interest for the amount of Rs.4,95,320 /- disburse belatedly till 2025. For Petitioner(s): Mr.K.C.Muthulakshmi For Respondent(s): Mr.V.Umakanth, GA for R1-R2