Singaravelu vs The Registrar, Agro Engineering Service, The Deputy Registrar, Agro Engineering Service, The Assistant Director of Agriculture and The District Collector

M. Venugopal, J.—The Petitioner has filed the present writ petition seeking for a Writ of Mandamus directing the Respondents to pay a sum

of Rs. 3,35,131/-(Rupees Three Lakhs Thirty Five Thousand One Hundred and Thirty One only) namely Rs. 2,45,691/-(Rupees Two Lakhs

Forty Five Thousand Six Hundred and Ninety One only)towards arrears of salary for the period from March 2005 to May 2007 and Rs. 89,440/-

(Rupees Eighty Nine Thousand Four Hundred and Forty only) towards arrears of gratuity and also direct the Respondents to contribute Rs.

17,276/-towards Employees'' Provident Fund as claimed in his representation dated 10.04.2008.

The learned Counsel for the Petitioner/erstwhile employee submits that the Petitioner served as Accountant in M.M. 590, Pudukkottai District

Co-operative Agro Service Society Limited, Pudukkottai and retired voluntarily on 31.05.2007. His monthly salary has been Rs. 5,364/-(Rupees

Five Thousand Three Hundred and Sixty Four only).

It is the contention of the learned Counsel for the Petitioner that the Petitioner has not been paid the monthly salary for the period from March

2005 to 31.05.2007 namely a sum of Rs. 2,45,691/-(Rupees Two Lakhs Forty Five Thousand Six Hundred and Ninety One only) and Rs.

89,440/-(Rupees Eighty Nine Thousand Four Hundred and Forty only) being the arrears towards Gratuity. In all, the Petitioner is to be paid a sum

of Rs. 3,35,131/-(Rupees Three Lakhs Thirty Five Thousand One Hundred and Thirty One only).

Continuing further, it is the submission of the learned Counsel for the Petitioner that the Petitioner has not been paid with a sum of Rs. 17,276/-

(Rupees Seventeen Thousand Two Hundred and Seventy Six only)towards Employees'' Provident Fund''. The audit of Pudukkottai District Co-

operative Agro Service Society Limited, Pudukkottai, has brought to the light in its report on 31.03.2007, regarding the aforesaid amount.

The learned Counsel for the Petitioner/former employee contends that he is living in penury from March 2005 and that the Respondents have

not paid the salary and also that he finds it difficult to make both the ends to meet and not possessing sufficient means to initiate legal proceedings

against the Respondents.

According to the learned Government Advocate (Writs), the Petitioner/former Accountant has drawn the salary advance of Rs. 62,411/-

(Rupees Sixty Two Thousand Four Hundred and Eleven only) during the year 2006-2007 & 2007-2008 and the balance of Rs. 1,45,530/-

(Rupees One Lakh Forty Five Thousand Five Hundred and Thirty only) is to be paid to the Petitioner and also as per Audit report, a further sum

of Rs. 88,944/-(Rupees Eighty Eight Thousand Nine Hundred and Forty Four only)is to be paid towards Gratuity amount.

Further, the learned Government Advocate(Writs) submits that M.M. 590, Pudukkottai District Co-operative Ago Service Society Limited,

Pudukkottai, is in the liquidation and also a dormant one and proposals have been sent to the Government to make the Society under liquidation

and that there is no source of income to the Society. As a matter of fact, the Deputy Registrar, Agro Engineering Service, Chennai, has requested

to allot the funds for the disbursement of salary and other pensionary benefits to the Petitioner and others and that on receipt of the allocation of

funds, action will be taken to disburse all the pending financial commitments.

Admittedly, the Petitioner has retired from service voluntarily on 31.05.2007. Though he has made a claim in the writ petition that he has to be

paid an amount of Rs. 3,35,131/-(Rupees Three Lakhs Thirty Five Thousand One Hundred and Thirty One only), namely Rs. 2,45,691/-(Rupees

Two Lakhs Forty Five Thousand Six Hundred and Ninety One only)towards arrears of salary for the period from March 2005 to May 2007 and

Rs. 89,440/-(Rupees Eighty Nine Thousand Four Hundred and Forty only) towards arrears of Gratuity and a sum of Rs. 17,276/-(Rupees

Seventeen Thousand Two Hundred and Seventy Six only)towards Provident Fund dues. The learned Government Advocate(Writs)has submitted

that the Petitioner is to be paid a sum of Rs. 1,45,530/-(Rupees One Lakh Forty Five Thousand Five Hundred and Thirty only) plus Rs. 88,944/-

(Rupees Eighty Eight Thousand Nine Hundred and Forty Four only)being the Gratuity amount due to be paid by his employer namely the M.M.

590, Pudukkottai District Co-operative Ago Service Society Limited, Pudukkottai.

It is brought to the notice of this Court that a Special General Body dated 24.05.2004 has resolved to liquidate the M.M. 590, Pudukkottai

District Co-operative Ago Service Society Limited, Pudukkottai and in the additional counter of the Third Respondent, it is mentioned that on

liquidation, the Liquidator will take charge of the Assets and Liabilities of the Society and discharge the claim of the Petitioner as per the provision

of the Tamil Nadu Co-operative Societies Act and Rules. Furthermore, a reply has been sent to the Petitioner as per the Proceedings of the

Commissioner of Agriculture/Registrar of Agro Engineering Services letter No. 57412/09/AES3 dated 25.05.2009.

When an employee retires voluntarily from services of an organization, then it is the duty of the concerned Employer to settle his duties. In the

instant case on hand, it is represented on behalf of the Respondents that the M.M. 590, Pudukkottai District Co-operative Ago Service Society

Limited, Pudukkottai, where the Petitioner has worked, has become dormant and a resolution has been passed to liquidate the Society etc. It is to

be noted that financial crisis or position of an Organization/Society where the Petitioner has served, is not a relevant factor for not paying the

amounts due to the Petitioner and other similar placed employees. The Petitioner has stated that he is living in penury from March 2005. Since the

Respondents has to be paid a sum of Rs. 1,45,530/-(Rupees One Lakh Forty Five Thousand Five Hundred and Thirty only)being the arrears of

salary counted with further sum of Rs. 88,944/-(Rupees Eighty Eight Thousand Nine Hundred and Forty Four only)being the Gratuity amount etc.,

this Court taking note of the plight of the Petitioner and also assessing the facts and circumstances in a conspectus fashion, directs the Respondents

1 to 3 to pay all due amounts to be paid to the Petitioner by the Society wherein he has worked and voluntarily retired, including the Gratuity and

other benefits if any to be paid to him within a period of eight weeks from the date of receipt of a copy of this order.

With the above directions, this writ petition is disposed of leaving the parties to bear their own costs.