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G. ISAAC (Lawyer)     02 July 2025

Service matters - cooperative dept.

The employee aged (60) of a Cooperative society was about to retire from service on 30.6.2024. As per the service rules Coop.employees  cannot be retained in service  after super annuation. The terminal benefits like Gratuity, Provident fund, Leave encashement should be disbursed after superannuation and no recoveries should be made from these 3 as this is thier statutory rights. But the  deparmental  authorities ordered to stop these benefits until he is permited to retire stating some misconduct during service.

Kindly state what is the legal remedy?



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     03 July 2025

If the representation to the empoloyer do not fetch the desired relief then the employee can knock the doors of the Administrative tribunal seeking relief and remedy or high court with a writ petition 

Dr. J C Vashista (Advocate )     03 July 2025

The employee cannot be retained in service beyond the terms and conditions of employment.

Provisional pension, leave encashment and provident fund has to be released on last working day, otherwise department is liable to pay interest (even up to 18%). File an OA /WP before jurisdictional CAT /High Court for release of terminal benefits, it is right of the employee. 

Gratuity may be stopped till clearance from vigilence / alleged misconduct etc. 

G. ISAAC (Lawyer)     04 July 2025

THANK U SIR.,

Dr. J C Vashista (Advocate )     05 July 2025

You are welcome for appreciation.


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