Regularized suspension period to be considered as qualifying service for calculating terminal benefits in a non-pensionable service.

JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for records pertaining to the impugned resolution bearing NA.KA.No.431/2013 SA.PA. dated 23.07.2014 on the file of the first respondent and quash the same.)

1. The order of rejection, rejecting the claim of the writ petitioner to count the period of suspension for the purpose of calculating the qualifying service for settlement of terminal benefits is under challenge in the present writ petition.

2. The petitioner was appointed as an Assistant in the second respondent/Central Co-operative Bank. He was promoted as Senior Assistant and a Criminal Case was registered against him in Crime No.8/90 on the file of the CCIW, CID with an allegation of misappropriation and conspiracy. The criminal case admittedly ended with an order of acquittal. The petitioner was placed under suspension and no charge memorandum was issued. Even during the pendency of the criminal case, the petitioner was reinstated into service and subsequently, reached the age of Superannuation and allowed to retire from service on 31.05.2009.

3. The grievances of the writ petitioner is that the period of suspension though regulated, was not taken into consideration as qualifying services for the purpose of determining the terminal benefits to be paid to the writ petitioner. In this regard, the petitioner filed a Revision Petition under Section 153 of the Tamil Nadu Co-operative Societies Act and the Regional Joint Registrar also rejected the same.

4. Admittedly, the petitioner was acquitted in a criminal case. The departmental disciplinary proceedings initiated by placing the petitioner under suspension was revoked and thereafter, no charge memorandum was issued and the petitioner was allowed to retire from service. That apart, the period of suspension was also regularized as leave eligible. When the period of suspension was regularized, then the petitioner is entitled for calculation of the said period as qualifying service for the purpose of determining the terminal and other benefits due to the petitioner on his retirement. Admittedly, the services in a Co-operative Bank is a non-pensionable service. Thus, the qualifying services are to be taken into consideration for calculating the terminal benefits.

5. In the present case, the period of suspension, which was regularized by the authorities were not taken into consideration and thus, the petitioner is constrained to move the present writ petition.

6. In view of the facts and circumstances, this Court is of an opinion that the petitioner is entitled for reckoning of the regularized suspension period as qualifying services for the purpose of calculating the terminal and other consequential benefits on his retirement.

7. Thus, the respondents are directed to calculate the regularized period of suspension from 24.07.1990 to 07.01.1992 (533 days) as qualifying services for the purpose of calculating the terminal and other benefits to be paid to the writ petitioner on his retirement and accordingly, settle the same in favour of the writ petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this order.

8. If any amount of terminal benefits has already been paid to the writ petitioner, the said amount is to be deducted from the revised calculation to be made pursuant to the orders passed in this writ petition.

9. With this direction, the impugned resolution in Na.Ka.No.431/2013 Sa.Pa dated 23.07.2014 on the file of the first respondent is quashed and the writ petition stands allowed. No costs.