IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR, J
P.Nagarathinam – Appellant
Versus
The Registrar of Co-operative Societies – Respondent
W.P.(MD)No.5679 of 2024 | W.M.P.(MD).Nos.5371 & 5372 of 2024
| Table of Content |
|---|
| 1. challenges retirement order conditioned on prior writ outcome. (Para 1 , 3) |
| 2. hearing and record review conducted. (Para 2) |
| 3. directs prompt payment of terminal benefits with interest. (Para 5) |
O R D E R
This writ petition has been filed challenging the order passed by the 2nd respondent in Na.Ka.No.3319/2022/njhNtr(4) dated 28.06.2023, whereby the petitioner was permitted to retire from service subject to the result of WP(MD).No.15056 of 2023.
2. Heard the learned Counsel appearing on either side and perused the materials available on record.
3. The 2nd respondent issued the impugned proceedings permitting the petitioner to retire from service on attaining the age of superannuation with effect from 30.06.2023, subject to the condition that the petitioner’s terminal benefits shall be disbursed depending upon the outcome of the said writ petition, i.e., WP(MD) No.15056 of 2023. Challenging the same, the petitioner has approached this Court by filing the present writ petition.
4. This Court finds that the relief sought in W.P.(MD) No.15056 of
2023 has become infructuous, and accordingly, the said writ petition was dismissed as infructuous by order dated 08.04.2026. Therefore, the only condition imposed in the impugned proceedings dated 28.06.2023 no longer survives. In light of the above, there cannot be any impediment for the 4th respondent society to disburse the terminal benefits to the petitioner, who has already retired from service on 30.06.2023.
5. Accordingly, this writ petition is disposed of with a direction to the 2nd respondent to authorise payment of all terminal benefits in favour of the petitioner, and the 4th respondent is further directed to disburse all such terminal benefits to the petitioner with applicable interest, as per rules. The entire exercise shall be completed by the 1st and 2nd respondents within a period of four weeks from the date of receipt of a copy of this order, and thereafter, the 4th respondent shall comply with its obligation under this order within a further period of eight weeks.
6. With the above observations, this Writ Petition is disposed of.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.