IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-01-2026 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI and WMP.No.9302 and 56569 of 2025 S.Mohamed Farook S/o Syed Mohamed No 3 Kannappan Street, Amanjikarai, Chennai 600 029 Petitioner(s)

Vs

1.The Commissioner Tamil Nadu Co-operative Milk Producers Federation Ltd. Aavin Illam, Nandanam (head Office) Chennai 35

2.The Director, Tamil Nadu Co-operative Milk Producers Federation Ltd., Avin Illam, Nandanam (Head Office), Chennai-600 035 Respondent(s)

For Petitioner(s): M/s.M.Velmurugan For Respondent(s): Mr.R.Arvind Prayer Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the entire records of the first respondent in his proceedings impugned order Ref.No.12445/pers. Estt.1/2022 dated 28.02.2023 and quash the same and direct the respondents to pay the terminal benefits of the petitioner such as Gratuity Fund, Family benefit fund, Encashment of privilege leave and increment arrears from June 2017 till the date of retirement on 28.02.2023 and all terminal benefits along with interest at the rate of 10% per annum up to the date of realization.

ORDER

This Writ Petition has been filed seeking to call for the entire records of the first respondent vide impugned order in Ref.No.12445/pers. Estt.1/2022 dated 28.02.2023 and quash the same and direct the respondents to pay the terminal benefits along with interest at the rate of 10% per annum up to the date of realization and increment arrears from June 2017, till the date of retirement on 28.02.2023, to the petitioner.

2. Mr.R.Arvind, learned counsel takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that the petitioner was initially appointed as Process and Maintenance Operator in Tamil Nadu Co-operative Milk Producers Federation Ltd., in the year 1983 and was promoted as Assistant Manager (Engineering) on 22.02.2014 and subsequently, he was transferred to Dindigul Co-operative Milk Producers Union, Dindigul on 13.12.2017 and posted to work as General Manager (in-charge) and continued service till 11.07.2019. Thereafter, on 24.09.2019, he was posted and transferred to Madurai Dairy, DCMPU, Madurai District and continued service as Assistant General Manager. Meanwhile, the first respondent issue a charge memo dated 08.05.2020 in Na.Ka.No.4393/Pers/IR/2/2020 against the petitioner alleging that stock deficit and a solid loss of Rs.1,74,72,400/- for the financial year 2018-2019 and 2019-2020 and the petitioner was suspended from service, charges were framed against him and an enquiry officer was appointed and enquiry was pending against him, however, his suspension came to be revoked on 04.06.2020 and on the same day, he was transferred to Ambattur Dairy, posted to work as Assistant General Manager (Engineering). Thereafter, the Audit Authority initiated surcharge proceedings against the petitioner, alleging loss of inventory stock at Madurai Co-operative Milk Producers Union for the financial year 2019-2020 vide Na.Ka.No.95/E2/2022 dated 24.11.2022 and called for explanation. Meanwhile, the petitioner retired from service on 28.02.2023 upon attaining the age of superannuation. Thereafter, surcharge proceedings vide T.Te/02/2022-23/E2 dated 15.02.2023 were initiated against him by the Deputy Registrar (Dairying), Dindigul / Enquiry Officer. Consequently, the first respondent vide reference No.12445/Pers.Estt.1/2022 dated 28.02.2023 passed the impugned order, withholding the terminal benefits till the finalization of disciplinary action, surcharge proceedings and audit objection pending against him. Challenging the said impugned order, the present Writ Petition has been filed.

4. Learned counsel appearing for the petitioner submitted that the impugned proceedings of the first respondent are i