A retired co-operative sub-registrar challenged a conditional retirement order adjusting a surcharge against his gratuity. The court held persons on whom surcharge is imposed are jointly and severally liable for the full amount and dismissed the writ petition.
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W.P.(MD) No.13453 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 06.08.2025
Pronounced On : 10.09.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) No.13453 of 2017
I.Chandrasekaran(58/17), S/o.Ilangaisamy, Co-operative Sub Registrar, (Rtd) MIG 476, Nethaji Nagar, New Housing Unit, Thanjavur - 613 005. ... Petitioner Vs.
3.The Circle Deputy Registrar of Co-operative Societies, Thanjavur Circle, Samiyappa Co-operative Training Institute Campus, Medical College Road, Thanjavur.
4.The Regional Deputy Registrar of Co-operative Societies, (Housing) Ramalingasamy Niliyam, Deniel Thomus Nagar, Thanjavur - 613 007. ... Respondents 1/6
W.P.(MD) No.13453 of 2017
PRAYER:
To issue a Writ of Certiorarifed Mandamus or any other appropriate writ order or directions in the nature of the writ, calling for the records relating to the impugned conditional retirement order made in Na.Ka.6374/2017ka dated 31.05.2017 by the 2nd respondent, quash the same and consequently direct the 4th respondent to draw and disburse all petitioner's retirement benefits and to pass such further order or other suitable order as this Hon'ble Court may deems fit and proper in the circumstances of the case and thus render justice.
APPEARANCE OF PARTIES:
For Petitioner : Ms.Nivedhitha, Advocate for Mr.N.Mohideen Basha, Advocate For Respondents : Mr.J.Ashok, Additional Government Pleader
J U D G M E N T
Heard.
he was issued an order dated 31.05.2017 (impugned in the writ petition)
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W.P.(MD) No.13453 of 2017
stating that a sum of Rs.1,94,085.70 was due from him to the Alakudi Primary Agricultural Co-operative Society. He was permitted to retire on
the condition that the said amount would be adjusted against the Deathcum-Retirement Gratuity (DCRG) payable to him.
05.08.2025 indicated that no settlement had been reached.
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W.P.(MD) No.13453 of 2017
disciplinary proceedings under Rule 17-B, pursuant to which a punishment of stoppage of increment for three years without cumulative effect was imposed. The Petitioner preferred an appeal to the Government, and upon consultation with the Tamil Nadu Public Service Commission, the Government modified the penalty to stoppage of increment for one year, with a specific direction that it would not affect his pensionary benefits.
before the Tribunal having failed, the surcharge order has attained finality, and consequently, the Petitioner is liable to pay the said amount.
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W.P.(MD) No.13453 of 2017
It is further contended that the recovery can be effected from the DCRG and leave salary, and hence, no interference is warranted.
with the impugned order. The writ petition is, therefore, dismissed. No costs.
10.09.2025
LS/ay Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation : Yes / No
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W.P.(MD) No.13453 of 2017
DR. A.D. MARIA CLETE, J.
LS
To
3.The Circle Deputy Registrar of Co-operative Societies, Thanjavur Circle, Samiyappa Co-operative Training Institute Campus, Medical College Road, Thanjavur.
4.The Regional Deputy Registrar of Co-operative Societies, (Housing) Ramalihgasamy Niliyam, Deniel Thomus Nagar, Thanjavur - 613 007.
Pre-delivery Judgment made in W.P. (MD) No.13453 of 2017
10.09.2025
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2 issues framed by the court
Whether recovery of a joint surcharge liability from the petitioner's DCRG could be limited to one-third of the amount.
Whether the impugned conditional retirement order warranted interference.
2 provisions across 2 enactments
I.Chandrasekaran
Registrar of Co-operative Societies
The Regional Joint Registrar of Co-operative Societies, Thanjavur Region
The Circle Deputy Registrar of Co-operative Societies, Thanjavur Circle
The Regional Deputy Registrar of Co-operative Societies, (Housing)
A.D. Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
