Disposed¶42

M.Malliga v. the Registrar

Madras HC7 Jan 2026WP/44/2026

Case brief

AI extract

What is this about?

Retirement benefits; cooperative housing society employee; writ of mandamus; Article 226; superannuation 31.05.2024; audit objection 2018-2019; excess salary recovery order 03.02.2020; W.P No.4864 of 2020 interim order; order dated 17.12.2024 setting aside recovery; Streamlining Committee pay revision; Na.Ka.No.4304/2003 SF2 dated 15.06.2009; representations dated 09.10.2025 unconsidered; disposal without merits; six weeks; no costs; Tamil Nadu; Deputy Registrar Cooperative Housing Societies; Rs.22,84,199/-.

What did the court decide?

Direction to the 2nd respondent (Deputy Registrar Cooperative Housing Societies) to consider the petitioner's representation dated 09.10.2025 on merits and in accordance with law and pass appropriate orders within six weeks from receipt of a copy of the order; the monetary claim was not adjudicated; no costs.

M.Malliga Vs the Registrar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents are to be directed to pay the petitioner her entire retirement benefits of Rs.22,84,199/- under the heads of Provident Fund, Gratuity, Leave Surrender Salary and caution deposit including increment due to 2023-2024 and Dearness Allowance, with interest at 12% per annum. +1 more

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Court's answer

On the limited request of learned counsel for the petitioner, this Court did not enter into the merits of the retirement-benefits claim.

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Ratio / Principle

The 2nd respondent is directed to consider the petitioner's representation dated 09.10.2025 on merits and in accordance with law and pass appropriate orders within six weeks from the date of receipt of a copy of this order.

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Detailed headnote1 paragraphs

Madras High Court (M. Dhandapani, J.), WP No. 44 of 2026, decided 07-01-2026 — Retired Secretary of Udumalpet Cooperative Housing Construction Society Ltd. (retired 31.05.2024) sought a writ of mandamus under Article 226 for retirement benefits of Rs.22,84,199/- (Provident Fund, Gratuity, Leave Surrender Salary, caution deposit, increment due 2023-2024 and Dearness Allowance) with 12% interest. Background: pay revised per Registrar of Co-operative Societies proceedings Na.Ka.No.4304/2003 SF2 dated 15.06.2009 and Board resolution dated 14.10.2017; a 2018-2019 audit objection alleging excess salary led to a recovery order dated 03.02.2020, challenged in W.P No.4864 of 2020 (interim order; no recovery made); retirement benefits were withheld by proceedings dated 29.05.2024 pending that writ; disciplinary action was closed; by order dated 17.12.2024 this Court set aside the recovery order and directed application of the 15.06.2009 circular and confirmation of revised pay; representations dated 03.05.2025, 04.07.2025 and 09.10.2025 went unconsidered. On counsel's limited request, the Court, without going into the merits, disposed of the petition directing the 2nd respondent (Deputy Registrar) to consider the representation dated 09.10.2025 on merits and in accordance with law within six weeks. No costs.

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WP No. 44 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07-01-2026

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CORAM

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THE HON'BLE MR JUSTICE M.DHANDAPANI

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WP No. 44 of 2026

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M.Malliga Wife of Late.S.Krishnan, No.30/27 Vinagayagar Koil Street, Udumalpet 642126, Tiruppur District.

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..Petitioner(s)

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The Registrar Cooperative Housing Societies, 48 Ritherdon Road, Tamilnadu Cooperative Housing Federation Ltd, First Floor, Vepery, Chennai 600 007.

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The Deputy Registrar Cooperative Housing Societies, 1426, Coimbatore Cooperative Societies Construction Society Ltd., First Floor, 15/10 Rathinasabapathy Mudaliar Street, Coimbatore 641038.

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The Administrator Udumalpet Cooperative Housing Construction Society Ltd., No.K-1655, B1, Vidyasagar Street, Gandhi Nagar, Palani Road, Udumalpet, Tiruppur District 642154.

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__________ Page 1 of 7

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https://www.mhc.tn.gov.in/judis

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WP No. 44 of 2026

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..Respondent(s)

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Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to pay the entire retirement benefits to the petitioner a sum of Rs.22,84,199/- due under heads of Provident Fund, Gratuity, Leave Surrender Salary and caution deposit including increment due to 2023-2024 and Dearness Allowance with 12% interest to the petitioner.

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For Petitioner(s): M/s.K.C.Muthulakshmi

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For Respondent(s): Ms.E.Ranganayagai Additional Government Pleader

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ORDER

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This writ petition has been filed seeking a direction to the respondents to

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pay the entire retirement benefits to the petitioner a sum of Rs.22,84,199/- due under heads of Provident Fund, Gratuity, Leave Surrender Salary and caution deposit including increment due to 2023-2024 and Dearness Allowance with interest at the rate of 12% per annum.

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2.The case of the petitioner is that she joined the 2^nd respondent Society as

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a Bill Clerk on 28.02.1998. Her services were subsequently regularised and she

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Page 2 of 7

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https://www.mhc.tn.gov.in/judis

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WP No. 44 of 2026

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was promoted from time to time, ultimately as Secretary. She retired on 31.05.2024, on attaining the age of superannuation, after rendering unblemished service. Her pay was revised based on the Government Orders and the recommendation of the Streamlining Committee, pursuant to the proceedings of the Registrar of Co-operative Societies in Na.Ka.No.4304/2003 SF2 dated 15.06.2009, fixing the cadre strength. The said revision was approved by the resolution of the Board dated 14.10.2017 of the 3^rd respondent society, and the revised pay was paid and continued. The said Government Order and circular were extended to all societies, and employees were paid as per the approved cadre strength.

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2.01.An audit report for the year 2018-2019 raised an objection alleging excess payment of salary to the petitioner. However, the objection was not valid, as the pay fixation was strictly in accordance with the Government Orders and the recommendations of the Streamlining Committee, as approved by the Registrar of Co-operative Societies in proceedings dated 15.06.2009. Without proper ratification from the 2^nd respondent society and solely based on the audit objection, a recovery order dated 03.02.2020 was issued, directing recovery of the alleged excess amount in instalments from the petitioner’s monthly salary. The said recovery order was challenged by the petitioner in W.P No.4864 of 2020, and this Hon’ble Court was pleased to grant an interim order, pursuant to

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Page 3 of 7

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WP No. 44 of 2026

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which no recovery was made from the petitioner’s salary. The petitioner retired from service on 31.05.2024. Thereafter, the 2^nd respondent issued proceedings dated 29.05.2024, stating that the petitioner’s retirement benefits would be

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subject to the outcome of W.P No.4864 of 2020, which is still pending. The respondents took disciplinary action against the fixation of salary for which the petitioner is no way responsible. However, the disciplinarty action was closed by the respondent. This Court, by an order dated 17.12.2024 setting aside the order of recovery dated 03.02.2020 and directed to apply the circular dated 15.06.2009 and further directed to confirm the revised pay fixed based on Government order in force. Pursuant to which, the petitioner made representations on 03.05.2025, 04.07.2025 and 09.10.2025, requesting to pay her retirement benefits amounting to Rs.22,84,199/-, since no disciplinary or surcharge pending against the petitioner on the date of retirement. However, the same has not been considered till date. Hence, the present writ petition has been filed.

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3 .The learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the 2nd respondent to consider the petitioner’s representation within a reasonable time.

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Page 4 of 7

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https://www.mhc.tn.gov.in/judis

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WP No. 44 of 2026

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4 .Considering the limited request made by the learned counsel for the

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petitioner, this Court, without going into the merits of the case, directs the 2nd respondent to consider the petitioner’s representation dated 09.10.2025 on

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merits and in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order,

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5.With the above directions, this writ petition is disposed of. No costs.

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07-01-2026

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Index: Yes/No (2/2) Speaking/Non-speaking order Neutral Citation: Yes/No

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UMA

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__________ Page 5 of 7

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https://www.mhc.tn.gov.in/judis

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WP No. 44 of 2026

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The Registrar

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Cooperative Housing Societies, 48 Ritherdon Road, Tamilnadu Cooperative Housing Federation Ltd, First Floor, Vepery, Chennai 600007.

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The Deputy Registrar Cooperative Housing Societies, 1426, Coimbatore Cooperative Societies Construction Society Ltd., First Floor, 15/10 Rathinasabapathy Mudaliar Street, Coimbatore 641038.

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The Administrator Udumalpet Cooperative Housing Construction Society Ltd., No.K-1655, B1, Vidyasagar Street, Gandhi Nagar, Palani Road, Udumalpet, Tiruppur District 642154.

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__________ Page 6 of 7

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https://www.mhc.tn.gov.in/judis

WP No. 44 of 2026

M.DHANDAPANI, J.

UMA

WP No. 44 of 2026

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07-01-2026

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__________ Page 7 of 7

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https://www.mhc.tn.gov.in/judis

Procedural history

How this case reached the court

AI extract

Prior proceeding
Service history: petitioner joined the 2nd respondent Society as Bill Clerk on 28.02.1998; services subsequently regularised; promoted from time to time, ultimately as Secretary; retired on 31.05.2024 on attaining age of superannuation.¶28
Prior proceeding
Pay revised based on Government Orders and Streamlining Committee recommendation, per Registrar of Co-operative Societies proceedings Na.Ka.No.4304/2003 SF2 dated 15.06.2009 fixing cadre strength; revision approved by Board resolution dated 14.10.2017 of 3rd respondent society; revised pay paid and continued.¶28
Prior proceeding
Audit report for 2018-2019 raised an objection alleging excess payment of salary to the petitioner.¶29
Prior proceeding
Recovery order dated 03.02.2020 issued without proper ratification from the 2nd respondent society, solely based on the audit objection, directing recovery of the alleged excess amount in instalments from the petitioner's monthly salary.¶29
Prior proceeding
Recovery order challenged in W.P No.4864 of 2020 before this Court; interim order granted, pursuant to which no recovery was made from the petitioner's salary; that writ petition remained pending.¶29
Prior proceeding
After retirement on 31.05.2024, the 2nd respondent issued proceedings dated 29.05.2024 stating that the petitioner's retirement benefits would be subject to the outcome of the still-pending W.P No.4864 of 2020.¶33
Prior proceeding
Respondents took disciplinary action against the fixation of salary (for which the petitioner was not responsible); the disciplinary action was closed.¶34
Prior proceeding
By order dated 17.12.2024, this Court set aside the order of recovery dated 03.02.2020, directed application of the circular dated 15.06.2009, and further directed confirmation of the revised pay fixed based on the Government order in force.¶34
Prior proceeding
Representations dated 03.05.2025, 04.07.2025 and 09.10.2025 seeking payment of retirement benefits of Rs.22,84,199/- (no disciplinary or surcharge pending on date of retirement) were not considered till date, prompting the present writ petition.¶34

M.Malliga v. the Registrar

Case brief

What is this about?

What did the court decide?

M.Malliga v. the Registrar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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