B.Sridharan v. The Chairman

ORDER This Writ Petition has been filed for the following reliefs:- "calling for the entire records relating to the impugned order passed by the 3rd respondent in her proceedings No. Nil, dated 13.11.2025 and quash the same and consequently directing the respondents to disburse the petitioner's retirement benefits like Gratuity, General Provident Fund, Special Provident Fund, Encashment of Earned Leave and Encashment of Un-earned Leave on private affairs to the petitioner."

¶2The petitioner was initially appointed as a Salesman in the 3rd respondent Society on 01.11.1987. He was subsequently promoted as Clerk on

16.12.1992 and thereafter as Secretary on 15.03.1995. While the petitioner was serving as Secretary in the 3rd respondent Society, an Audit Report for the year 2017–2018 was submitted before the 2nd respondent. Upon perusal of the said Audit Report dated 27.06.2018, the 2nd respondent, by proceedings dated Page3 of 7

29.06.2018, relieved the petitioner from service but did not permit him to retire. In the said proceedings, it was further stated that the petitioner would be permitted to retire from service after obtaining clearance of the said Audit Report.

¶3On 05.10.2020, on the basis of the Audit Report dated 27.06.2018, an Enquiry Officer was appointed. The Enquiry Officer submitted his report on

19.05.2021. In the said report, the Enquiry Officer did not make any recommendation for initiating surcharge or criminal proceedings against the petitioner. Insofar as the disciplinary proceedings are concerned, the Enquiry Officer recommended that the same be dropped, as the petitioner had already retired from service in the year 2018. Thus, no disciplinary, criminal, or surcharge proceedings were pending against the petitioner. In spite of the same, the respondents have not come forward to disburse the petitioner's retirement benefits.

¶4On 02.05.2022 , the petitioner had given a representation to the respondents requesting disbursement of his retirement benefits, however, the same was not considered. Aggrieved thereby, the petitioner filed W.P. No. 27892 of 2022 before this Court, which was disposed of on 19.10.2022, Page4 of 7 directing the respondents to consider and dispose of the petitioner's representation dated 02.05.2022.

¶5Even after obtaining orders from this Court and producing the same before the 3rd respondent, no action was taken. Hence, the petitioner filed Contempt Petition No. 954 of 2023, which was closed by this Court on

16.08.2023, recording that the orders of this Court had been complied with, as the respondent had passed an order dated 11.08.2023 on the petitioner's representation dated 02.05.2022, with liberty to the petitioner to challenge the said order, if aggrieved.

¶6Thereafter, challenging the order passed by the 3rd respondent dated

11.08.2023, the petitioner filed W.P. No. 22340 of 2025. The said writ petition was allowed on 03.07.2025, quashing the order dated 11.08.2023 and directing the respondents to settle the petitioner's eligible terminal benefits along with applicable statutory interest within a period of three months. Pursuant thereto, the 3rd respondent passed an order dated 13.11.2025, refusing to disburse the petitioner's retirement benefits on the ground that the petitioner is not entitled to gratuity under Section 4(6) of the Payment of Gratuity Act and that a surcharge Page5 of 7 order under Section 87 has been passed against him. Challenging the same, the petitioner is before this Court.

¶7Heard the learned counsel on either side and perused the records.

¶8A mere reading of the impugned order would clearly show the apathy to orders of this Court and also displays total non-application of mind on the part of the 3rd respondent. The 3rd respondent appears to have sat in review of the order passed by this Court in W.P. No. 22340 of 2024 and has assumed that the order have him the authority to once again consider the representation of the petitioner, whereas, by order dated 03.07.2025 in W.P. No. 22340 of 2024, this Court had passed a positive order directing the 3rd respondent to settle the terminal benefits along with statutory interest within a period of three months. The said period of three months has long since expired.

¶9In view of the above, the Writ Petition is disposed of with the following directions:-

(i) Impugned order passed by the 3rd respondent dated 13.11.2025 is set aside. Page6 of 7

(ii)The orders of this Court passed in W.P. No. 22340 of 2024 shall be complied with on or before 08.06.2026, and compliance shall be reported on

09.06.2026, failing which the 3rd respondent shall be present before this Court.

¶10Post the matter on 09.06.2026 for reporting compliance. No costs. Consequently, the connected Miscellaneous Petitions are closed. 29-04-2026 Index: Yes/No Speaking/Non-speaking order SHR To

¶1The Chairman Common cadre authority/Joint Registrar of Cooperative Societies, kallakurichi region, kallakurichi, kallakurichi District.

¶2The Deputy Registrar of Cooperative Societies Tirukoilur circle, Tirukoilur - 605766, kallakurichi District.

¶3The Administrator I.I.668, Kiliyur Primary Agricultural Cooperative credit society, kiliyur village and post - 606102, Ulundurpet Taluk, Kallakurichi District. WPoNo.o16899oofo2026 P.T.ASHAoJ. SHR WPoNo.o16899oofo2026 AND WMPoNO.o18178oOFo2026,WMPoNO.o18180oOFo2026 29-04-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-04-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP NO. 18178 OF 2026,WMP NO. 18180 OF 2026 B.Sridharan ..Petitioner(s) Vs 1. The Chairman Common cadre authority/Joint Registrar of Cooperative Societies, kallakurichi region, kallakurichi, kallakurichi District. 2. The Deputy Registrar of Cooperative Societies Tirukoilur circle, Tirukoilur - 605766, kallakurichi District. 3. The Administrator I.I.668, Kiliyur Primary Agricultural Cooperative credit society, kiliyur village and post - 606102, Ulundurpet Taluk, Kallakurichi District. ..Respondent(s) Prayer: -Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the 3rd respondent in her proceedings No. Nil dated 13.11.2025 and quash the same and consequently directing the respondents to disburse the petitioners retirement benefits like Page2 of 7 gratuity, general provident fund, special provident fund, encashment of earned leave and encashment of Un-earned Leave on private affairs to the petitioner. For Petitioner(s): MR.C.Prakasam For Respondent(s): Mr.Abhishek Murthy, GA, for R.1 and R.2 Mr.A.M.Ayyadurai, GA for R.3