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2010 Supreme(Mad) 5198

R.BANUMATHI, S.NAGAMUTHU
Y. Raja – Appellant
Versus
The Joint Registrar of Co-operative Societies, Madurai Region, Madurai – Respondent


Advocates Appeared:
For the Petitioners:S. Visvalingam, Advocate.
For the Respondent: K. Balasubramanian, Additional Government Pleader.

Judgment :-

S.NAGAMUTHU J.

1. Challenge in Writ Appeal (MD).No.698 of 2010 is to the order dated 13.09.2010 made in W.P.(MD).No.9580 of 2010 and challenge in Writ Appeal (MD).No.721 of 2010 is to the order dated 21.12.2009 made in W.P. (MD).No.6402 of 2009. Since common issues are involved, both the Writ Appeals were heard together and they are disposed of by means of this Common Judgment.

2. The appellant herein was working as a Sub-Registrar in the Co-operative Department of the Government. The respondent herein, by his proceedings in Na.Ka.No.3508/2010/gbjh, dated 31.05.2010, permitted the appellant to retire from service on attaining the age of superannuation without prejudice to the pending disciplinary action and other statutory actions. In pursuance of the said order, the appellant has retired from service, but he has not been paid the monetary benefits arising out of such retirement. The appellant was informed that because of the pendency of the disciplinary proceedings and since his retirement was subject to the pendency of the said disciplinary action, he is not entitled for the payment of the monetary benefits. In those circumstances, he filed W.P.(MD).No.9580 of 2010 see





















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