P.Moovendran Vs The Registrar of Cooperative Societies

3.The Managing Director A.3083, T.N.S.T.C.(Madurai) Employees Co-operative Thrift and Credit Society Ltd., 94/4B, Pattukottai Kalyanasundaram Street Bye pass Road, Madurai-625 010 ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue

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a writ of certiorarified mandamus to call for the records pertaining to the

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impugned order in Na.Ka.No.32943/2024/Pa.Ko Sa1, dated 20.06.2026, on

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W.P.(MD) No.19888 of 2026

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the file of the respondent No.1 and quash the same as illegal and consequently for a direction directing the respondents to disburse the retirement benefits of the petitioner such as gratuity, provident fund and other benefits to the petitioner along with proportionate interest within the time period stipulated by this Court.

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For Petitioner : Mr.T.Aswin Raja Simman For Respondents : Mr.C.Jeganathan Counsel for the Govt. of Tamil Nadu for R1 & R2 Mr.S.Kumar for R3

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O R D E R

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This writ petition has been filed challenging the proceedings bearing Na.Ka.No.32943/2024/Pa Ko Sa 1, dated 20.06.2026, whereby the first respondent refused to entertain the claim made by the petitioner for release of his retirement benefits, on the ground that the Tamil Nadu Pension Rules, 1978, has no application to the case of the petitioner and therefore, the claim made by the petitioner on comparing himself with a government servant cannot be allowed. Ultimately, the grievance of the petitioner is non-payment of the terminal benefits, though he retired from service as early as in the year 2013.

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Page 2 of 6

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W.P.(MD) No.19888 of 2026

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2. Admittedly, the petitioner worked in the third respondent – Society and he retired from service in the year 2013 i.e., much prior to the Common Cadre Service Rules came into force. Therefore, in the light of the Full Bench decision of this Court in K.Marappan vs. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal and another , reported in 2006 (4) CTC 689 , writ petition against the third respondent - Society is not maintainable in the absence of allegation of violation of the statutory provisions or the rules made thereunder. In the instant case, there is no such allegation of violation of the statutory provisions or the rules made thereunder. Hence, the writ petition before this Court under Article 226 of the Constitution of India cannot be entertained.

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3. However, it is brought to the notice of this Court the petitioner has got efficacious alternative remedy of revision before the Joint Registrar of Co-operative Societies concerned, under Section 153 of the Tamil Cooperative Societies Act, 1983, and the petitioner can avail the same for resolution of his grievance.

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4. In the light of the above, this Court is not inclined to entertain this writ petition and therefore, this writ petition is disposed of by permitting

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W.P.(MD) No.19888 of 2026

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the petitioner to avail the alternative remedy of revision before the Joint Registrar of Co-operative Societies concerned available under Section 153 of the Tamil Nadu Cooperative Societies Act, 1983, within a period of six weeks from the date of receipt of a copy of this order. In case if the petitioner avails the the same within the stipulated time, the same shall be entertained by the Joint Registrar of Cooperative Societies concerned, without any reference to the delay, and necessary orders shall be passed thereon, as expeditiously as possible, at any rate, within a period of eight weeks from the date of filing of the revision petition by the petitioner.

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5. Insofar as the claim of the petitioner for payment of gratuity is concerned, as the petitioner has already approached the Controlling Authority under the Payment of Gratuity Act, 1972, and already obtained an order, the petitioner is at liberty to work out his remedy before the said authority by seeking execution of the said order in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed.

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15.07.2026

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NCC : Yes / No Index : Yes / No Internet : Yes / No krk

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W.P.(MD) No.19888 of 2026

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To: