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2026 Supreme(Online)(Mad) 35992

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



Advocates:
For the Appellants/Petitioners: M/s.D.Shanmugaraja Setupathi
For the Respondents: Mr.S.Shaji Bino, Special Government Pleader

Dismissal of conditioning writ as infructuous entitles retired employee to terminal benefits without impediment.

Headnote:The petitioner challenged an order permitting retirement subject to the outcome of a prior writ petition under Article 226 of the Constitution of India. The prior writ petition, WP(MD) No.15056 of 2023, sought relief that became infructuous and was dismissed. The court found the condition in the impugned order no longer subsists, directing disbursement of terminal benefits. The key issue was whether the condition linking terminal benefits to the prior writ petition's outcome survives post-dismissal. The ratio decidendi holds that dismissal of the conditioning writ petition as infructuous removes impediments to releasing retirement benefits to a superannuated employee. The writ petition is disposed of, directing authorization and disbursement of all terminal benefits with applicable interest within specified timelines.

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.

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