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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?



 10 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.

Sudhir Kumar, Advocate (Advocate)     22 July 2025

Legal remedy can be surggesed only on seeing the facts.  You have notindicate the reasons stated (formally/ verbaly)for stoppng the dues. 

P. Venu (Advocate)     22 July 2025

What do you mean by "But the  deparmental  authorities ordered to stop these benefits until he is permited to retire stating some misconduct during service"?

Is ithat the employee is still in service? If so how he is expecting terminal benefits?

G. ISAAC (Lawyer)     22 July 2025

. departmental authorities means " JOINT REGISTRAR, DEPUTY REGISTRAR, & SECRATARY OF THE COOPERATIVE SOCIETY , ITS A QUASI GOVT., & now  he is retired on superannuation. 

P. Venu (Advocate)     22 July 2025

Has the retired person received any communication to this effect? Has he been issued charge-memo in connection with departmental proceedings?

What is the Law under which he is entitled for pension/gratuity?

Dr. J C Vashista (Advocate )     23 July 2025

CCS Rules are applicable in case of employess of Cooperative Soceities department (a State government deptt.)

P. Venu (Advocate)     23 July 2025

To my knowledge and understanding, service matters governing employees of the Cooperative Socities are governed by the provisions of the respective Cooperative Socieities of the State and the rules and bylaws thereunder.  Such employees are not public servants.


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