T. GOPALAKRISHNAN AND ANR. Vs. REGISTRAR OF CO

JUDGEMENT

(1.) WP No.19193 of 2018 The petitioner joined in the 3rd respondent society as a Sales man on 02.11.1987 and was promoted as a clerk on 13.09.1995 and further promoted as Accountant on 28.11.1998, on attaining the age of superannuation, he was allowed to retire on 30.06.2016 by the 3rd respondent. The grievance now expressed by the petitioner is that while he was in service, with regard to disbursement of sugarcane loan a disciplinary proceeding was initiated against him by the 3rd respondent, so also the enquiry was also conducted. Based on the enquiry, the petitioner was dismissed from service on 15.05.2015. Aggrieved by the order of dismissal, the petitioner preferred statutory revision before the 2nd respondent under Section 153 of the Tamil Nadu Cooperative societies act. The 2nd respondent disposed of the revision petition vide its order dated 19.01.2016 and in pursuant to the order of the 2nd respondent, the petitioner was reinstated into service and he was allowed to retire from service on 30.06.2016. Though, he was allowed to retire, his retirement benefits have not been paid to him yet and in this regard, he has submitted a representation dated 23.03.2018 to the 3rd respondent and since no response is forthcoming, the petitioner has come forward to file this writ petition seeking for a direction to direct the respondents to pay the petitioner retirement benefits, Provident Fund and Gratuity, totally Rs. 14,21,688/- with 12% interest from the date of retirement to till payment. WP No.19194 of 2018

(2.) The petitioner joined in the 3rd respondent society as a Sales man on 21.07.1989 and was promoted as a clerk on 31.01.1995 and further promoted as Cashier on 01.07.1997 and on attaining the age of superannuation, he was allowed to retire on 31.01.2016 by the 3rd respondent. The grievance now expressed by the petitioner is that while he was in service with regard to disbursement of sugarcane loan, a disciplinary proceeding was initiated against him by the 3rd respondent, so also the enquiry was also conducted. Based on the enquiry, the petitioner was dismissed from service on 15.05.2015. Aggrieved by the order of dismissal, the petitioner preferred statutory revision before the 2nd respondent under Section 153 of the Tamil Ndau Cooperative societies act. The 2nd respondent disposed the revision petition by his order dated 19.01.2016 and in pursuant to the order of the 2nd respondent, the petitioner was reinstated into service and he was allowed to retire from service on 31.01.2016. Though, he was allowed to retire, his retirement benefits have not been paid to him yet and in this regard, he has submitted a representation dated 23.03.2018 to the 3rd respondent and since no response is forthcoming, the petitioner has come forward to file this writ petition seeking for a direction to direct the respondents to pay the petitioner retirement benefits Provident Fund and Gratuity totally of Rs. 12,24,155/- with 12% interest from the date of retirement to till payment.

(3.) The learned counsel appearing for the petitioner seeks direction to the respondents to consider his representation.