Iysha P.K vs Nayarambalam Service ...

Citation : 2021 Latest Caselaw 175 Ker
Judgement Date : 5 January, 2021

Kerala High Court
Iysha P.K vs Nayarambalam Service ... on 5 January, 2021
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                       WP(C).No.173 OF 2021(V)


PETITIONER:

               IYSHA P.K
               AGED 61 YEARS
               W/O. M.A VENU, MANKUZHIYIL HOUSE,
               H.NO.5/260,EDAVANAKKAD P.O., ERNAKULAM,KOCHI-682 502

               BY ADVS.
               SRI.C.U.SANGEETH
               SHRI.M.B.VINOD
               SRI.ALEX ANTONY SEBASTIAN P.A.
               SMT.AMRITA JAYARAM

RESPONDENTS:

      1        NAYARAMBALAM SERVICE CO-OPERATIVE BANK LTD. NO.E-92
               HEAD OFFICE, NAYARAMBALAM, NAYARAMBALAM P.O.,
               ERNAKULAM KOCHI,PIN-682 509

      2        PRESIDENT ,
               REP BY SRI.P.K.RAJEEV, NAYARAMBALAM SERVICE CO
               OPERATIVE BANK LTD NO.E-92, HEAD OFFICE,
               NAYARAMBALAM, NAYARAMBALAM P.O., ERNAKULAM KOCHI,PIN-
               682 509

      3        SECRETARY,
               REP BY SMT.A.USHA DEVI,NAYARAMBALAM SERVICE CO
               OPERATIVE BANK LTD NO.E-92, HEAD OFFICE,
               NAYARAMBALAM, NAYARAMBALAM P.O., ERNAKULAM KOCHI,PIN-
               682 509

      4        REGISTRAR OF CO-OPERATIVE SOCIETIES,
               DEPARTMENT OF CO OPERATION, GOVERNMENT OF KERALA,
               JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
               THYVCAUD.P.O., THIRUVANANTHAPURAM,PN-695 014

      5        JOINT REGISTRAR OF CO -OPERATIVE SOCIETIES (GENERAL),
               5TH FLOOR, NEW BLOCK, CIVIL STATION, KAKKANAD,
               ERNAKULAM, PIN-682 030

      6        ASSISTANT REGISTRAR OF CO -OPERATIVE SOCIETIES
               (GENERAL)
               KOCHI TALUK, FORT KOCHI, KOCHI-682 001
 WP(C).No.173 OF 2021(V)

                                2



OTHER PRESENT:

             SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.173 OF 2021(V)

                                   3




                          JUDGMENT

Dated this the 5th day of January 2021 The grievance of the writ petitioner herein is that though she had retired from the service, her terminal benefits have not been completely paid. Ext.P5 and P6 are the representations submitted by her before the Society. Ext.P5 representation was followed by Ext.P6 reminder seeking a release of eligible portion of the gratuity. Ext.P5 is dated 11.09.2020 and Ext. P6 is dated 28.12.2020. The petitioner laments that no decision has been taken on it even now. The limited prayer sought is for a direction to the respondents 1 to 3 to pass an order in a time bound manner.

2. Having considered the limited prayer sought by the petitioner and the urgency expressed by the learned Counsel for the petitioner, I am inclined to direct the respondents 1 to 3 to pass appropriate orders, in accordance with law, on Ext.P5 and Ext.P6 representations as expeditiously as possible, at any rate, within a period of WP(C).No.173 OF 2021(V) 4 one month from the date of production of a copy of this judgment.

The writ petition is disposed of accordingly.

Sd/-

SUNIL THOMAS JUDGE SKP WP(C).No.173 OF 2021(V) 5 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MEMORANDUM DATED 06.03.2018 SUBMITTED TO THE HON'BLE MINISTER FOR CO-OPERATIVE SOCIETIES EXHIBIT P2 TRUE COPY OF THE OFFICE MEMORANDUM DATED 04.08.2016 EXHIBIT P3 TRUE COPY OF THE DIRECTION/ORDER NO.C.R.P.

(1) 2643/18/L.DS OF 5TH RESPONDENT DATED 06.07.2020 EXHIBIT P4 GRATUITY COMPUTATION/CALCULATION STATEMENT DATED 27.06.2019 EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 11.09.2020 BEFORE THE 1ST RESPONDENT BANK BY THE PETITIONER EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 28.12.2020 TO THE 1ST RESPONDENTS BANK EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC 28445/2020 DATED 18.12.2020 RESPONDENT'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE