Kerala High Court
The Managing Committee vs The State Of Kerala on 11 April, 2024
WP(C) No.14253/2024 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
WP(C) NO. 14253 OF 2024(F)
PETITIONER:
THE MANAGING COMMITTEE, POLICE CO-OPERATIVE SOCIETY LTD. NO.T.696,
NANDAVANAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN -
695033
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FINANCE (PENSION-
B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2. THE STATE POLICE CHIEF, STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM , PIN - 695010
3. THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL, DISTRICT POLICE
OFFICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM, PIN - 695014
4. THE DISTRICT TREASURY OFFICER, ANAKKACHERY BUILDING, STATUE,
THIRUVANANTHAPURAM, PIN - 695001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Exhibit-P3 Government Order to the extent
it directs the production of a consent form from the defaulted employee as
provided under Annexure A3 at the time of his retirement agreeing for
recovery of his dues towards a co-operative Society from his DCRG for
effecting the recovery, pending disposal of the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.GEORGE POONTHOTTAM (SENIOR ADVOCATE) along with M/S.NISHA GEORGE, ANN
MARIA FRANCIS, A.L.NAVANEETH KRISHNAN & FATHIMA AMREEN JAMAL Advocates for
the petitioner and of GOVERNMENT PLEADER for respondents, the court passed
the following:
WP(C) No.14253/2024 2/3
BASANT BALAJI , J.
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W.P.(C) No.14253 of 2024 (F)
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Dated : 11th April 2024
O R D E R
Admit. Government Pleader takes notice for respondents. Ext.P2 is the judgment of this Court in W.P.(C) No.5744/2021, wherein this Court declared that an additional undertaking is not required by an employee in view of the statutory consent offered by him for recovery under Section 37 of the KCS Act. I am also fortified with the order of this Court in W.P.(C) No.4529/2024. Therefore, Ext.P3 will stand stayed for a period of two months.
Post on 07.06.2024.
Sd/-
BASANT BALAJI JUDGE JS 11-04-2024 /True Copy/ Assistant Registrar WP(C) No.14253/2024 3/3 APPENDIX OF WP(C) 14253/2024 Exhibit -P2 A TRUE COPY OF THE JUDGMENT DATED 14.06.2022 IN W.P.(C) NO. 5744 OF 2021 PASSED BY THIS HON'BLE COURT Exhibit -P3 A TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(P)NO.46/2023/FIN DATED 08.05.2023 11-04-2024 /True Copy/ Assistant Registrar