WP/16793/2024 of K.GUNASEKARAN Vs THE JOINT REGISTRAR OF on 9 October 2026

ORDER

The present writ petition has been filed seeking issuance of writ of mandamus to direct the respondents to disburse the petitioner’s retirement benefits like Gratuity, General Provident Fund, Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned leave on private affairs and arrears of the salary to the petitioner.

2. This Court heard the matter on 08.10.2026. After hearing both sides, this Court passed the following order:- “The learned counsel for the petitioner would submit that the petitioner's superannuation is on 31.05.2014, whereas he was not permitted to retire. It is his further submission that since 2014, no disciplinary proceedings were initiated. Therefore, he is entitled for Gratuity, General Provident Fund, Special Provident Fund and other terminal benefits. In this regard, the learned Additional Government Pleader seeks for a short accommodation to get instructions as to whether any proceedings were initiated after the order dated 31.05.2014 not permitting the petitioner to retire.

2. Post On 09.10.2024 under the caption "For Orders".

3. Today, the learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that though they found certain irregularities committed by the petitioner, they did not take any disciplinary proceedings after the date of superannuation namely 31.05.2014.

WP No. 16793 of 2024

4. The prayer sought for in the writ petition is to disburse the petitioner’s retirement benefits like Gratuity, General Provident Fund, Special Provident Fund, etc., The only objection raised by the learned counsel for the respondents is that surcharge proceedings under Section 87 of Tamil Nadu Co-operative Societies Act, 1983 is pending against the petitioner and the petitioner has caused loss to the tune of Rs.6,08,265/-. Therefore, though the petitioner is entitled for gratuity and Provident Fund, in respect of other amount they have got right to withhold the same. Hence, prayed to issue a writ of mandamus only with respect to Gratuity and General Provident Fund.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. Admittedly, as on today, there are no disciplinary proceedings pending against the petitioner and that the petitioner was relieved on 31.05.2014. Though the petitioner was not permitted to retire on 31.05.2014, being the date of superannuation, since there was no disciplinary proceedings initiated against the petitioner, the question of keeping the petitioner for an indefinite period without permitting him to retire is directly affecting the right to life of the petitioner. On account of such callous conduct of the respondents, the petitioner was deprived of his terminal benefits which is a statutory entitlement.

7. No doubt there is a surcharge proceedings pending against the petitioner. The Tamil Nadu Cooperative Societies Act, 1983 in no way disentitles an employee of the Cooperative Society from getting terminal

WP No. 16793 of 2024

benefits on account of pendency of the surcharge proceedings. Though Section 78 and 79 of the Act deals about Provident Fund and Gratuity which is not liable to be attachment, the fact remains that all the other terminal benefits being the property of the employee, the question of withholding or adjusting with some other dues could only be done in accordance with the rules, as the Article 300A of the Constitution of India protects the right of an individual that his property could not be interfered with except with a express law.

8. At this juncture, the learned Additional Government Pleader for the respondents 1 and 2 also invited the attention of this Court about the conviction order passed against the petitioner during 2012. However, later the petitioner was released under the Probation of Offenders Act, 1958 and thereafter, the respondent has revoked the dismissal and reinstated him on 17.05.2012. Therefore, the submission that the conviction is a bar to the petitioner cannot be taken at this stage as the petitioner was reinstated even after the conviction.

9. Therefore, this Court is of the firm view that withholding of terminal benefits such as Gratuity and Provident Fund on account of the pendency of the surcharge proceedings is illegal. Therefore, this Court finds justification to issue a writ of mandamus against the respondents directing them to settle the terminal benefits and other eligible amounts within a period of 12 weeks from the date of receipt of a copy of this order.

WP No. 16793 of 2024

10. It is made clear that the respondents are at liberty to proceed with the surcharge proceedings in accordance with the law.

11. With the above direction, the writ petition stands disposed of. No costs 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No NR To

1. The Joint Registrar of Cooperative Societies, Villupuram Region, Villupuram, Villupuram District.

2. The Deputy Registrar of Cooperative Societies Tindivanam Circle, Tindivanam, Villupuram District.

3. The Administrator C.Sp.130, Nagandur Primary Agricultural Cooperative Credit Society, Nagandur and Post, Gingee Taluk, Villupuram District- 605 651.

WP No. 16793 of 2024

C.KUMARAPPAN, J. NR WP No. 16793 of 2024 09-10-2026