The High Court directed the respondent Society to pay the petitioner Rs.6,32,322/- as balance terminal benefits with 6% annual interest within six months, citing the Society's admission of the debt and financial constraints.
Directive to the Society to pay Rs.6,32,322/- with 6% interest within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.18820 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.11.2025
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD) No.18820 of 2020
K.Joshua
... Petitioner
-vs-
No.48, Ritherdon Road Vepery, Chennai-600 007
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W.P.(MD) No.18820 of 2020
5.The President Q.796, Siavakasi Co-operative Building Society Ltd. No.103/J, Kamarajar Salai Railway Feeder Road Sivakasi Virudhunagar District-626 124 ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus pertaining to the impugned order passed by the 4th respondent in Ref.Na.Ka.No.455/19 Sa.Pa/dated 15.11.2019, quash the same as illegal in so far as the settlement of part amount of the Terminal Benefits and in consequence directs the respondents to pay the Remaining Terminal Benefits amount including P.F., Unavailed Leave Salary, Salary Arrears (Settlement arrears for the period from 01.12.2011 to 13.01.2015) and Security Deposit payable to the petitioner together with 18% interest from the date of his voluntarily Retirement i.e. 14.01.2015 to till the date of payment and all other attendant benefits to him within the stipulated period.
For Petitioner : Mr.A.K.Thangavelu For Respondents : Mr.A.Baskaran Addl. Government Pleader for R1, R2 & R4 Mr.S.Kanmani Annamalai for R3 Mr.R.Saravanan for R5
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W.P.(MD) No.18820 of 2020
O R D E R
This writ petition has been filed challenging the impugned order dated 15.11.2019, passed by the fourth respondent, rejecting the petitioner's request for payment of the balance terminal benefits payable to him by the fifth respondent – Society.
2. The petitioner has been allowed to voluntarily retire from service from the respondent – Society. He has been paid partially his terminal benefits on his voluntary retirement. However, a sum of Rs.6,32,322/- is still due and payable to the petitioner towards his remaining terminal benefits. Under the impugned order, due to financial constraint, the petitioner's request for payment of the remaining terminal benefits has been rejected. Admittedly, there is no disciplinary proceedings pending against the petitioner. The fifth respondent – Society has also admitted that a sum of Rs.6,32,322/- is still due and payable to the petitioner towards his remaining terminal benefits payable on his voluntary retirement.
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W.P.(MD) No.18820 of 2020
3. Learned counsel appearing for the fifth respondent – Society would submit that if sufficient time is granted, payments will be made to the petitioner towards his terminal benefits, which have not been paid fully.
4. Learned counsel for the petitioner has also placed on record an order dated 22.07.2024, passed by the Principal Seat of this Court in W.P.No. 34222 of 2023, in the case of Parvathakumari vs. The Deputy Registrar of Cooperative Societies, Namakkal Taluk, Namakkal and another , involving a similar employee of another Co-operative Society. In the said order, a direction was issued to the Co-operative Credit Society to settle the terminal benefits with interest at the rate of 6% per annum, within a period of twelve weeks from the date of receipt of a copy of the order.
5. Since, in the case on hand, the fifth respondent – Society has admitted that a sum of Rs.6,32,322/- is due and payable to the petitioner towards his remaining terminal benefits and only on account of financial constraints, they are yet to pay the same, this Court, in this case as well, will have to direct the fifth respondent – Society to pay the amounts to the petitioner, within a time frame to be fixed by this Court.
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W.P.(MD) No.18820 of 2020
6. After giving due consideration to the financial constraints of the fifth respondent – Society, this Court, in this case, deems it fit to grant six months time for the fifth respondent – Society to settle the dues of the petitioner with interest at the rate of 6% per annum for the belated payments.
7. For the foregoing reasons, this writ petition is disposed of by directing the fifth respondent – Society to pay the petitioner a sum of Rs.6,32,322/-, being the balance amount payable to the petitioner towards his retirement benefits, together with interest at the rate of 6% per annum from the date of the petitioner's retirement i.e., on 14.01.2015 till the date of payment, within a period of six months from the date of receipt of a copy of this order. No costs.
03.11.2025
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
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W.P.(MD) No.18820 of 2020
To:
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W.P.(MD) No.18820 of 2020
ABDUL QUDDHOSE, J.
krk
W.P.(MD) No.18820 of 2020
03.11.2025
_____________ Page 7 of 7_
2 issues framed by the court
Whether the High Court should direct the respondent Society to pay the admitted balance terminal benefits to the retired employee.
Whether interest at the rate of 6% per annum should be awarded for the belated payment.
Colour shows how this judgement treated each authority
Parvathakumari vs. The Deputy Registrar of Cooperative SocietiesReferred¶31
W.P.No. 34222 of 2023
K.Joshua
The Secretary to Government Housing and Urban Development Secretariat
The Registrar (Housing) Co-operative Housing Society
The Managing Director Tamil Nadu Co-operative Housing Federation Ltd.
Deputy Registrar (Housing) Virudhunagar Region
The President Q.796, Siavakasi Co-operative Building Society Ltd.
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
