IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.12.2025 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR S.Kanagasabapathy S/o.K.Sundaramoorthy ... Petitioner vs.

1. The Secretary to Government Co-operation, Food and Consumer Protection Department Government of Tamil Nadu Fort St.George, Chennai-600 009.

2. The Joint Registrar of Cooperative Societies Kancheepuram Region Kancheepuram – 631 501.

3. The Deputy Registrar / Managing Director The Big Kancheepuram Co.op Town Bank Limited No.90-91, Annai Indira Salai Kancheepuram – 631 501. ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records in connection with the impugned order bearing No.Na.Ka.1326/2016/Sapa dated 15.09.2016 passed by the respondent and quash the same and consequently, direct the third respondent to treat the period of absence from 07.10.2005 to 07.02.2011 as period on duty and pay salary and other benefits for the said period to the petitioner.

For Petitioner : Mr.R.Rajaram For Respondents : Mr.S.Ravikumar Special Government Pleader for R1 & R2 Mr.L.P.Shanmugasundaram, for R3 *****

O R D E R

The captioned writ petition has been filed seeking the issuance of a writ of Certiorarified Mandamus to quash the order dated 15.09.2016 passed by the first respondent in Na.Ka.No.1326/2016/Sapa, and consequently to direct the third respondent to treat the period of absence from 07.10.2005 to

07.02.2011 as duty period and to pay salary and all other attendant benefits to the petitioner for the said period.

2. The petitioner, while serving as General Manager in the third respondent Cooperative Bank, was issued with a charge memo alleging that he had failed to take steps to recover certain loans, resulting in monetary loss to the Bank. The Enquiry Officer submitted a report holding that the charges against the petitioner were proved, which culminated in an order of dismissal from service. Aggrieved by the same, the petitioner preferred an appeal under Section 152 of the Tamil Nadu Cooperative Societies Act, 1983 (hereinafter referred to as “the said Act”), which came to be dismissed. Thereafter, the petitioner filed a revision under Section 153 of the said Act. The Revisional Authority, by order dated 31.01.2011, set aside the order of dismissal and modified the punishment to withholding of increments for two years with cumulative effect. The said order attained finality and the petitioner was reinstated into service.

3. Subsequently, the petitioner made a claim before the third respondent Bank seeking payment of wages for the period of non- employment from 07.10.2005 to 07.02.2011. As the said claim was not considered, he approached the first respondent seeking appropriate directions. The first respondent, however, rejected the claim by order dated

15.09.2016. Aggrieved by the same, the present writ petition has been filed.

4. Mr. R. Rajaram, learned counsel for the petitioner, submitted that once the order of dismissal is set aside and the petitioner is reinstated into service, he is legally entitled to backwages for the period of non- employment. Denial of such backwages, according to him, is arbitrary and discriminatory. In support of his contention, the learned counsel relied on the judgment of the Hon’ble Supreme Court in Nandkishore Shravan Ahirrao v. Kosan Industries (P) Ltd., Civil Appeal Nos. 201–202 of 2020 dated 10.01.2020.

5. Per contra, Mr. L. P. Shanmugasundaram, learned counsel for the third respondent, submitted that the Revisional Authority had not issued any specific direction for payment of backwages and therefore, the petitioner is not entitled to wages for the said period. He further submitted that the petitioner has already retired from service on attaining the age of superannuation and has been paid terminal benefits to the tune of Rs.14,80,812/-. Hence, the present writ petition, according to him, is devoid of merits and liable to be dismissed.

6. The submissi