No employee can be allowed to continue in service beyond period of superannuation.

(W.P.No.19349 of 2003: Writ Petition filed under Article 226 of the Constitution of India as stated therein.

W.P.No.34352 of 2004: Writ Petition filed under Article 226 of the Constitution of India as stated therein.)

COMMON ORDER:

W.P.No.19349 of 2003:

This writ petition has been filed for the issuance of a writ of certiorari to call for the records of the second respondent pertaining to his proceedings Rc.No.16/2002/CCA.1, dated 30.6.2003 and quash the said order, dated 30.6.2003 and consequently direct the respondents to settle all the retiral benefits to the petitioner.

W.P.No.34352 of 2004:

This writ petition has been filed for the issuance of a writ of Certiorarified Mandamus to call for the records of the second respondent in proceedings No.Na.Ka.16/02 Po.Pa.Ku.1, dated 3.8.2004, quash the same and consequently direct the respondents to settle all the retirement benefits, which the petitioner is entitled to.

The brief facts of the cases, as stated by the petitioner, are as follows:

2. The petitioner had joined service in the South Arcot District Central Cooperative Bank Limited in the year 1968-69 as an Assistant Manager. After subsequent promotions, he was promoted to the post of Assistant Secretary in the year 1993-1994. When the erstwhile South Arcot District was bifurcated, he was posted in the Villupuram Central Cooperative Bank Limited as its Assistant Secretary in the year 1996-97. Later, he was promoted as its General Manager, a post equivalent to that of Secretary. The Tamil Nadu State Government had created a common cadre of service for the Secretaries and Assistant Secretaries of the Central Cooperative Banks, under Section 75 of the Tamil Nadu Cooperative Societies Act, 1983 (hereinafter called as the Act). The State Government had issued orders in G.O.Ms.No.130 Cooperation, Food and Consumer Protection Department, dated 8.5.1997, approving the Tamil Nadu Central Cooperative Banks Common Cadre Service Regulations, 1997. The said Regulation came into effect on and from 8.5.1997. The petitioner was absorbed in the cadre service and continued in the post of General Manager of the Villupuram District Central Cooperative Bank Limited, till 8.11.2002, when he was transferred to the Nilgiris District Central Cooperative Bank Limited, as its General Manager. He had continued in the said post, till 30.6.2003, when he had attained the age of superannuation.

3. On the date of the petitioner's superannuation, namely, 30.6.2003, a Fax copy of the order Rc.No.16/2002 CCA.I, dated 30.6.2003, which is the impugned order in writ petition No.19349 of 2003, was served on the petitioner by the Special Officer of the Nilgiris District Central Cooperative Bank Limited, along with the endorsement No.Rc.5580/2003 E1, dated 30.6.2003. The order had stated that the Registrar of Cooperative Societies, the first respondent herein, in the letter Rc.No.86456/2002 CBS1, dated 28.6.2003, had directed that the petitioner be placed under suspension pending enquiry into the grave charges, under Section 76 (1)(b) of the Act. Hence, the petitioner was placed under suspension from 30.6.2003.

4. The petitioner had not been informed of the reasons for his suspension and no enquiry had been ordered, with regard to any allegation against him, by the Common Cadre Authority. The order of suspension had been served on the petitioner without any valid reason only with the mala fide intention of denying him the retirement benefits for which he is entitled to. The second respondent does not have the jurisdiction or the authority to pass the impugned order of suspension.

5. The petitioner had further stated that the impugned order, dated 30.6.2003, is arbitrary, unjust and illegal and the original impugned order had not been furnished to the petitioner. The said order was given retrospective effect, i.e., from the fore-noon of 30.6.2003, which is not permissible in law. The petitioner is governed by the Central Cooperative Banks Common Cadre Service Re