RADHA Vs. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) SEEKING a writ of mandamus to direct the respondents to pay a sum of Rs. 6,46,800/- to the petitioner towards the death cum retirement benefits of her husband employed as manager in the 2nd respondent bank without conducting any enquiry in terms of the show cause notices dated 28. 7. 1999 and 30. 7. 2001, the petitioner, the wife of an employee in k. K. 349, Dharmapuri District Central Cooperative Bank limited, has brought forth this writ petition.

(2.) THE affidavit in support of the petition is perused. The Court heard the learned Counsel on either side.

(3.) THE case of the petitioner in short is that her husband S. Arokiasamy, was originally appointed as Attender manager in Reddihalli Cooperative Society; that he worked at different branches; that he was transferred to Papparapatti branch, Dharmapuri District, as Branch Manager; that he died on 8. 2. 1999, leaving behind him the petitioner herein and his children as his heirs; that the petitioner, after the death of her husband, was given a few retirement benefits such as encashment of leave salary and group service insurance scheme amount; but, the retirement benefits such as provident fund, gratuity and other emoluments were not sanctioned to her; that the petitioner made a claim in that regard; that while the matter stood thus, the second respondent issued a show cause notice dated 28. 7. 1999, stating that when her husband was in service, he sanctioned several jewel loans above the sanctioned limit and thereby, caused monetary loss to the extent of Rs. 3,61,077/-; that the petitioner and her children were called upon to pay the amount within seven days; that the petitioner gave a reply on 23. 8. 1999; that the matter was kept pending without any enquiry; that while the matter stood thus, the petitioner filed WP No. 19486 of 1999 on the file of this Court seeking a certiorarified mandamus to quash the notice dated 28. 7. 1999, wherein an order came to be passed on 10. 12. 1999 by this Court issuing a direction to the petitioner to put forth her case before the authority concerned; that following the same, two representations were made by her on 20. 12. 1999 and 7. 1. 2000; but, no action was taken; that while so, she filed another WP No. 6641 of 2000 seeking a direction wherein it was observed that she could approach the authority below; but, nothing has happened; that while the matter stood thus, a second notice has been served upon her on 30. 7. 2001 stating that the petitioner's husband caused a monetary loss to the tune of Rs. 7,99,194/-including the interest thereon, and therefore, they are liable to pay the same; that though a claim was made, the retirement benefits was not settled; and that under the circumstances, she has approached this Court with this writ petition.