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2008 Supreme(Mad) 2011

S.NAGAMUTHU
P. Paramasivam – Appellant
Versus
The Assistant Director of Co-operative Audit & Another – Respondent


Advocates Appeared:
For the Petitioner:M.S. Palaniswamy, Advocate.
For the Respondents:R1, V. Arun, AGP, R2, R. Ashraf Khan, Advocate.

Judgment :-

The prayer in the Writ Petition is to issue a writ of Certiorarified mandamus calling for the records of the 1st respondent in Na.Ka.No. 7517/2007/Tha.Sa. dated 21.01.08 and quash the same and consequently direct the 2nd respondent to release petitioners gratuity amount of Rs.1,51,766/- with 12% interest per annum.

2. The petitioner was initially appointed as a Salesman in Chinna Manali Agricultural Credit Co-operative Society. Thereafter on 12. 1981, the petitioner, on transfer, was appointed as a Secretary of the second respondent, Munjanur Primay Agricultural Cooperative Bank. He retired from service on 312. 2007. All his retirement benefits were paid to him by the second respondent except the Gratuity amount. The petitioner further states that he was informed that objections had been raised by the first respondent by his letter Na.Ka.7517/2007/Tha.sa dated 21. 2008 in respect of the very appointment of the petitioner as Secretary of the second respondent bank. To be precise, the objection was that the appointment of the petitioner as Secretary in the second respondent Co-operative Bank was irregular and therefore his salary should be withheld and the same could be re









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