ABDUL ALI Vs. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) An employee, who was made to retire 12 years ago, now a septuagenarian, is made to wage a long drawn legal battle of multiple rounds concerning the terminal benefits paid or to be paid in recognition of the services he has rendered to his employer. The petitioner joined the 2nd respondent Corporation in 1973 as Lower Division Clerk (L.D.C) and later got promoted as Senior Assistant in 1990.

(2.) In 2001, the 2nd respondent Corporation, governed by the provisions of A.P. Cooperative Societies Act, 1964, brought out a policy of voluntary retirement scheme to its employees. Those employees, including the petitioner, who are eligible under the scheme (V.R.S), have applied to be retired from service. In fact, having accepted the petitioners application through Proceedings dated 04.06.2001, the respondent Corporation communicated to the petitioner on 27.06.2001 that the petitioner would be retired on the last day of the said month i.e., 30th June, 2001. Accordingly, on the said date, the petitioner was relieved of his responsibilities and ceased to be an employee of the respondent Corporation.

(3.) Retired though the petitioner had been, yet despite the lapse of considerable time, the respondent Corporation did not choose to pay the terminal benefits to the petitioner. Aggrieved thereby, he filed W.P.No.13039 of 2002 before this Court. On 17.09.2002, this Court gave an interim direction directing the respondent Corporation to pay the retirement benefits to the petitioner. When there was no compliance with the said Order, the petitioner invoked the contempt jurisdiction of this Court and filed C.C.No.429 of 2003. Eventually, under the pain of contempt, on 17.04.2003, the respondent Corporation paid certain amounts towards the retirement benefits. Though the Writ Petition came to be closed on the payment of the said amount, the Proceedings issued on 17.04.2003 settling the benefits revealed that the petitioner was entitled to Rs.4,50,787/- but was paid Rs.1,25,203.17 ps, thus with a deduction of an amount of Rs.3,25,583.83 ps. The reason supplied by the respondent Corporation was that the said amount was the deficit caused by the petitioner while he was in service for the years from 1994 to 2001-2002.