2026 Supreme(Online)(Mad) 36473
IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR
B.Ilamaran – Appellant
Versus
The Joint Registrar of Coope – Respondent
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W.P.(MD)No.6680 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.04.2026
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.(MD)No.6680 of 2026
B.Ilamaran ... Petitioner
Vs.
1.The Joint Registrar of Cooperative Societies, Office of the Joint Registrar of Co-Operative Societies,
Ramnad.
2.The Joint Registrar of Cooperative Societies, Paramakudi Region, Ramnad Division, Ramnad.
3.The Managing Director, Q-1102 Kamuthi Co-Operative Urban Bank Ltd,
Kamuthi-623603. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pay the interest at
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the rate of 12% Per Annum for belated payment of petitioner retirement benefits namely Earned Leave Salary, Provident Fund and Gratuity on the
basis of the petitioner's representation dated 22.04.2024.
For Petitioner : Mr.C.Jeganathan For Respondents : Mr.S.Shaji Bino
Special Government Pleader
O R D E R
The petitioner has approached this Court seeking issuance of a Writ of
Mandamus directing the respondents to pay interest at the rate of 12% per annum on the belated payment of the petitioner's retirement benefits namely Earned Leave Salary, Provident Fund and Gratuity, based on the
petitioner's representation dated 22.04.2024.
2. The petitioner was working as an Assistant Manager in the third
respondent Co-operative Bank. He was not allowed to retire from service as certain disciplinary proceedings and criminal proceedings were pending against
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him in connection with his employment in the third respondent Bank. Hence, the terminal benefits were not disbursed to the petitioner. Under those circumstances, the petitioner submitted representations dated 12.05.2020, 06.06.2020, 23.07.2020 and 27.08.2020 seeking release of his terminal benefits. Thereafter, he approached this Court by filing W.P(MD)No.8846 of 2021 seeking a direction for release Earned Leave Salary, Gratuity and Provident Fund. The said writ petition was disposed of by the co-ordinate Bench of this Court, on 25.06.2021, after having taken note of the pending criminal case and other disciplinary proceedings, directing the respondents to calculate and pay the amounts due to the petitioner within a period of four weeks from the date of
receipt of copy of the said order.
3. Pursuant to the said order dated 25.06.2021, the respondents Bank paid
the said amounts due towards leave salary, Special Provident Fund contribution with interest and staff gratuity amount to the tune of Rs.5,67,254/- on 20.02.2022, Rs.24,07,985.11/- on 11.07.2022, Rs.10,67,907/- on 16.08.2022 and Rs.3,53,813/- on 13.12.2022 respectively to the petitioner. Having received the
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said amounts by December 2022, the petitioner has now claimed interest on the ground that the said amounts were paid belatedly. Since no relief was granted,
the present writ petition has been filed.
4. The third respondent filed a counter affidavit stating that the petitioner
was subjected to surcharge proceedings under Section 87 of the Tamil Nadu Cooperative Societies Act, 1983 while he was in service and the said proceedings were ultimately dropped in the year 2016 after the petitioner and others repaid the amounts with interest. It is further stated that a criminal case that was registered against the petitioner in C.C.No.267 of 2017, on the file of the Judicial Magistrate No.I, Ramanathapuram was pending and therefore, the
terminal benefits were not disbursed.
5. The counter affidavit also makes a reference to a charge memo dated
10.07.2017 but the said proceedings ended as early as on 23.08.2017 while the petitioner was in