M. Gruvammal vs The Registrar, Co-operative Society, The Joint Registrar, Co-operative Society and The Special Officer

M. Venugopal, J.—The Petitioner has filed the present Writ Petition seeking the relief of Writ of Mandamus in directing the Respondents to pay the outstanding increment arrears of her husband(since deceased) during his employment.

The Petitioner''s husband V. Muniyandi (since deceased) joined as a Sales Assistant in the Third Respondent/Maudrai District Pandiyan Consumers Co-operative Wholesale Society Limited, Madurai, on 25.09.1976. He went on voluntary retirement as per the Voluntary Retirement Scheme on 11.04.2002. The Petitioner/wife in the writ petition has claimed that non payment of arrears of her husband(since deceased) is a violation of principles of natural justice. Numerous representations have been made by the Petitioner to all the Respondents but they have not settled her dues.

It is to be noted that the Petitioner in paragraph ''3'' of her affidavit in W.P.(MD) No. as averred the following:

I respectfully submit that a letter has been served by the 2nd Respondent to me on 07.03.08 e.f 66/12/06 E.T(1) dated 3.3.2008 regarding the increment arrears of my husband. Wherein the 2nd Respondent stated that the society as it was being under the financial crunch and that the increment arrears has been deposited in the Non-interest deposit account by the 3rd Respondent. Further he referred the said amount would have to pay after the normalization of financial crunch. The Respondents had been made only evasive reply and not take any action to pay the increment arrears of my husband so far.

Per contra, it is the contention of the learned Counsel for the Respondents that the Petitioner''s husband V. Muniyandi (since expired) lastly was employed as a Sales Assistant in the Third Respondent/Maudrai District Pandiyan Consumers Co-operative Wholesale Society Limited, Madurai and he was originally appointed as a load man on 26.09.1976. He submitted his resignation on 20.03.2002. He was relieved from duty on 31.03.2002. He had received his Provident Fund, Gratuity and encashment of Earned Leave. The Petitioner after her husband''s death getting monthly pension.

The learned Counsel for the Respondents brings to the notice of this Court that there was a revision of scale of pay to all the employees of the Third Respondent Stores with effect from 01.10.1994, there was severe financial crisis to the Third Respondent for several years and the Stores unable to pay even the monthly wages to the employees in time. Therefore, he desires to deposit the arrears of pay for all the employees in a fixed deposits(as per the books of the Third Respondent) for a period of five years and to gradually pay the arrears to the retired employees in a phased manner. As such a sum of Rs. 5,551/-(Rupees Five Thousand Five Hundred and Fifty One only) payable to the deceased husband V. Muniyandi is lying in a Fixed Deposit(as per the books of the Third Respondent).

Because of the revision of D.A with retrospective effect, a sum of Rs. 3,404/-(Rupees Three Thousand Four Hundred and Four only) was to be paid to the Petitioner''s husband as arrears. Due to the financial crisis it was decided to deposit the arrears of D.A payable to all the employees in fixed deposits. The arrears of D.A. payable to the Petitioner''s husband is also kept in fixed deposit (as per books of the Third Respondent).

The principal contention of the learned Counsel for the Respondents is that the Petitioner claims increment amounts and in fact there is no arrears of increment payable to the Petitioner''s husband.

Admittedly, the Third Respondent/ Maudrai District Pandiyan Consumers Co-operative Wholesale Society Limited, Madurai, is liable to pay a sum of Rs. 5,551/-(Rupees Five Thousand Five Hundred and Fifty One only) to the Petitioner''s husband(since deceased). Also, towards arrears of D.A, the Petitioner''s husband is entitled to a sum of Rs. 3,404/-(Rupees Three Thousand Four Hundred and Four only) which is also admitted by the Third Respondent. Thus in all, the Petitioner''s husband is entitled to get a sum of Rs. 8,955/-(Rs. 5,551/-and Rs. 3,404/-) and after his demise the Petitioner being the wife of the deceased husband is entitled to claim the said sum from the Third Respondent. Since the Petitioner''s husband is entitled a sum of Rs. 8,955/-(Rupees Eight Thousand Nine Hundred and Fifty Five only) from the Third Respondent and after his demise, the Petitioner has stepped into shoe of her husband and on such this Court on the basis of Fair play, Equity, Good conscience and even as a matter of prudence directs the Respondents 1 to 3 to pay a sum of Rs. 8,955/-(Rupees Eight Thousand Nine Hundred and Fifty Five only) to the Petitioner within a period of six weeks from the date of receipt of a copy of this order.

With these directions this Writ Petition is disposed of. No costs.