Dhashnamoorthy N v. The Joint Registrar of Cooperative Societies / Common Cadre Authority

ORDER This writ petition is filed challenging the i impugned order vide Na.Ka. 3/2022/ThoVeSa (1) dated 30.07.2024 passed by the 1st respondent and seeking consequential direction to the respondents to disburse the retirement benefit such as Gratuity, Employees Provident Fund and Earned Leave Salary and other monetary benefit payable to the petitioner.

¶2The petitioner who had superannuated as early as on

30.07.2024 had not been benefited with the terminal benefits on the ground that under Section 81 of the Co-operative Societies Act, 1983, enquiry is pending against him. The Hon'ble Division Bench of this Court in W.A.

(MD)No.818 of 2024 dated 04.06.2024 had held that the terminal benefits of the person who have attained superannuation, cannot be with held. An enquiry made under Section 81 of the Co-operative Societies Act, 1983, would entitle the Co-operative Society to initiate surcharge proceedings under Section 87 of the Tamil Nadu Cooperative Societies Act, and if any recovery order is passed, under Section 87(2) of the Tamil Nadu Cooperative Societies Act, recovery can be made only under the provisions of the Tamil Nadu Revenue Recovery Act, 1864.

¶3Therefore, the condition imposed on the order permitting him to retire, alone is quashed and the respondents are directed to disburse the terminal benefits to the petitioner within a period of 12 weeks from the date of receipt of a copy of this order.

¶4With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

19.11.2025 Index : Yes/No Speaking/Non-Speaking order gvn K.KUMARESH BABU.J. gvn To

¶1The Joint Registrar of Cooperative Societies / Common Cadre Authority O/o. The Joint Registrar of Cooperative Societies Tenkasi Region Tenkasi.

¶2The Deputy Registrar of Cooperative Societies O/o. The Deputy Registrar of Cooperative Societies Tenkasi Circle Tenkasi.

¶3The Administrator O.1640, Nagalkulam Primary Agricultural Cooperative Credit Society Arunaperi Alangulam Taluk Tenkasi District.

19.11.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2025 CORAM : THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and W.M.P(MD)Nos.22904 & 22905 of 2025 N.Dhashnamoorthy ...Petitioner -Vs- 1. The Joint Registrar of Cooperative Societies / Common Cadre Authority O/o. The Joint Registrar of Cooperative Societies Tenkasi Region Tenkasi. 2. The Deputy Registrar of Cooperative Societies O/o. The Deputy Registrar of Cooperative Societies Tenkasi Circle Tenkasi. 3. The Administrator O.1640, Nagalkulam Primary Agricultural Cooperative Credit Society Arunaperi Alangulam Taluk Tenkasi District. ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order vide Na.Ka. 3/2022/ThoVeSa (1) dated 30.07.2024 passed by the 1st respondent and quash the same and consequently direct the respondents to disburse the retirement benefit such as Gratuity, Employees Provident Fund and Earned Leave Salary and other monetary benefit payable to the petitioner within the time frame and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.F.Deepak Special Government Pleader