← Library
Madras High CourtWP/16646/2020disposed of

G.Jayabalan v. The Joint Registrar Of Cooperative Societies

2022-06-15Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.16646 of 2020 G.Jayabalan

...Petitioner

Vs.

1. The Joint Registrar of Co-Operative Societies, Vellore Region, Vellore.

2. Vellore District Central Co-operative Bank Rep. by its Joint Registrar/Managing Director, No.3, Anna Salai, Vellore - 632 001.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, after calling for the concerned records from the 1st respondent, quash the order of the 1st respondent 10.03.2020 bearing Na.Ka.No.8561/17 A2, Revision Petition No.17/2018 and consequently direct the 2nd respondent to pay the interest at the rate of 18% per annum on the Gratuity and Leave Wages paid to the petitioner for the period from 01.06.2014 to 18.08.2017.

For Petitioner : Mr.Balan Haridas For R1 : Mr.T.Arunkumar Additional Government Pleader For R2 : Mr.L.P.Shanmugasundaram

O R D E R

This writ petition has been filed to quash the order of the 1st respondent dated 10.03.2020 bearing Na.Ka.No.8561/17 A2, Revision Petition No.17/2018 and consequently direct the 2nd respondent to pay the interest at the rate of 18% per annum on

the Gratuity and Leave Wages paid to the petitioner for the period from 01.06.2014 to 18.08.2017.

2. The case of the petitioner in brief:

The petitioner herein was working as Field Manager in the 2nd respondent's Co-operative Bank. The 2nd respondent has issued a charge memo dated 26.12.2014 alleging that there had been some irregularities in the auction of vegetables and fruits and Crop Insurance. After enquiry, the 2nd respondent imposed punishment of stoppage of increment for a period of three years by an order dated 10.04.2015. Challenging the punishment order, the petitioner had filed a Revision Petition before the first respondent/Revisional Authority, on the ground that the 2nd respondent has no power to impose the punishment after the petitioner attaining the age of superannuation on 31.05.2014. But, the 1st respondent has rejected the said Revision Petition. Thereafter, the petitioner has filed a Writ Petition in W.P.No.29508 of 2017, challenging the rejection of the Revision Petition and the same is pending.

2.1. Though the petitioner had retired on 31.05.2014, the respondents have settled the terminal benefits to the petitioner only on 11.08.2017 and there is an inordinate delay of three years and two months in settling the terminal benefits. Further, the petitioner preferred a Revision Petition before the 1st respondent/Revisional Authority for payment of the interest for the belated settlement, the said petition was rejected by the 1st respondent on 10.03.2020. Challenging the aforesaid Revision Petition, the instant writ petition has been filed before this Court.

3. The learned counsel for the petitioner submitted that the petitioner is entitled for interest for the belated settlement of terminal benefits at the rate of 18% per annum.

4. Mr.T.Arunkumar, learned Additional Government Pleader appearing for the 1st respondent promptly objected that the prayer for interest at the rate of 18% per annum for the belated settlement is highly excessive and therefore, it cannot be considered. Therefore, he submitted that this Court may grant a reasonable interest for the belated settlement of terminal benefits.

5. It is not the disputed fact that, the petitioner had attained the age of superannuation and retired from service as early as on 31.05.2014 and the respondents have settled the terminal benefits to the petitioner only on 11.08.2017, i.e. after the period of three years and two months. Therefore, in the light of the earlier decisions of this Court, the petitioner is entitled for the reasonable interest.

Accordingly, this Court is inclined to pass the following order.

i) The 1st respondent is directed to pay the interest amount at the rate of 6% per annum for the belated settlement of the terminal benefits to the petitioner as expeditiously as possible, within a period of 12 weeks from the date of receipt of a copy of this order and in default, the respondent is directed to pay 12% interest, till the amount is settled.

7. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar ata To

1. The Joint Registrar of Co-Operative Societies, Vellore Region, Vellore.

2. The Joint Registrar/Managing Director, Vellore District Central Co-operative Bank No.3, Anna Salai, Vellore - 632 001.

+1cc to Mr.Balan Haridas, Advocate, S.R.No.35686 +1cc to the Government Pleader, S.R.No.36607 W.P.No.16646 of 2020 SSD(CO) UMA(04/07/2022)