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2015 Supreme(Mad) 2560

D.HARI PARANTHAMAN
A. Sengodan – Appellant
Versus
Registrar of Co-operative Societies – Respondent


Advocates Appeared:
For the Appellant : R. Chandrasekaran
For the Respondents:E.M.S. Natarajan, Govt. Advocate

ORDER

D. Hari Paranthaman, J.

1. The petitioner was initially appointed as Salesman in the third respondent-Society in 1986, was promoted as Writer and further promoted as Senior Writer. After putting in 30 years of service, he retired on 30.04.2015. No departmental/criminal proceedings are pending against him. Based on surcharge proceedings, he was not paid the retiral benefits like Provident Fund (both employer and employees' contribution), Earned Leave encashment, Gratuity, etc. Hence, he filed this Writ Petition. The second respondent passed the impugned order, directing the third respondent not to disburse the retiral benefits, as the surcharge proceedings are pending against the petitioner. The surcharge proceedings had not attained finality, as the matter is seized of by the Principal District Court, Namakkal. The petitioner made representation dated 06.05.2015 before the respondents 1 and 2 for settlement of the above said retiral benefits.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2 and perused the material documents available on record. Since the impugned order in the Writ Petition is passed by the



















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