IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-10-2024 CORAM THE HONOURABLE MRS. JUSTICE R. KALAIMATHI W.P. No.6931 of 2012 and W.M.P. No.20781 of 2017 S. Nainadurai ... Petitioner -vs-

1. The Secretary to Government Handlooms, Handicrafts, Textiles & Khadi (E-1)

Department, Fort. St. George, Chennai – 600 009.

2. The Managing Director, Tamil Nadu Handloom Weavers Co-op. Society Ltd. (Co-optex)

350, Pantheon Road, Egmore, Chennai – 600 008.

3. The General Manager, Co-optex, 350, Pantheon Road, Chennai – 600 008. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of MANDAMUS, to direct the respondents herein to forthwith disburse the entire balance terminal benefits of the petitioner herein as a salesman, employed under the 2^nd Respondent- Institution, within a stipulated time.

For Petitioner : Mr. V. Ramana Reddy For Respondent 1 : Mr. S. Rajesh (Government Advocate)

For Respondents 2 & 3 : M/s. Jayaraman & Associates ******

O R D E R

The petitioner herein has filed this writ of mandamus to direct the respondents herein to forthwith disperse the entire retirement and other benefits to the petitioner, who was a salesman, employed under the 2^nd Respondent-

Institution, within a time to be stipulated by this Court.

2. The writ petitioner S. Nainadurai S/o K. Shanmugam submits that he was appointed on 02.11.1979 as Salesman in the 2^nd Respondent Institution (Co-optex) and posted at Gummudipoondi. The 2^nd Respondent Institution had announced “Special Voluntary Retirement Scheme”. As the petitioner was facing heavy financial crisis, he sought for permission to retire under the said scheme. Accordingly, the petitioner was relieved from the service on

01.04.2005.

3. The petitioner further submits that the 2^nd respondent issued a specific proceedings in RC. No.4192/A2/2004 dated 29.03.2004 in the Office Order No.69/2004, specifically fixing the responsibility and duty of recovering the dues from the Staff of the Government Departments of the cadres of Superintendent, Senior Assistant, Junior Assistant, etc.,. The “Salesmen” employed in the showrooms are not at all fixed with any responsibility to recover such dues, since they have absolutely no role to play, to collect the amounts due from the staff of the Government Departments, who purchased clothes on credit basis.

4. The petitioner further submits that as against his full legitimate claim of Rs.4,89,000/- as on 31.03.2005 towards terminal benefits, the 2^nd and 3^rd respondents have dispersed only Rs.95,478/- (Rs.66,600/- + Rs.28,878/-) and refused to disperse the balance amount of Rs.3,93,522/- as on 01.04.2005, despite his repeated request made to the respondents, which should have been dispersed with 12% interest, hence this writ petition.

5. Heard Mr. V. Ramana Reddy, learned counsel appearing for the petitioner, M/s. C. Sangamithirai, Special Government Pleader appearing for the

1^st respondent and M/s. Jayaraman, learned counsel appearing for 2^nd and 3^rd respondents.

6. Mr. Ramana Reddy, learned counsel appearing for the petitioner strenuously argued that based upon the introduction of Special Voluntary Retirement Scheme by the respondent, the petitioner had opted to go on VRS and the provision of Section 48 of the Tamil Nadu Co-operative Society Act, 1983 was misused and the execution of the said agreement also was not voluntary. Hence based upon the said agreement deducting the dues payable by way of credit sales is not in accordance with law.

7. The learned counsel appearing for the 2^nd respondent vehemently contended that when the Special Voluntary Retirement scheme was introduced, the respondent society had specifically informed the employees that all their existing dues to the society would be adjusted from their terminal benefits payable under the scheme. Besides that they have also furnished an individual undertaking in a stamped paper that they have given consent to the respondent society to recover their balance