P.R.Rajendran Nair vs Enathu Service Co-Operative Bank ...
2021 Latest Caselaw 16047 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
        MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                       WP(C) NO. 10749 OF 2021
PETITIONER:

            P.R.RAJENDRAN NAIR,
            AGED 65 YEARS,
            CHAITHANYA, MANAKKALA P.O., ADOOR, PATHANAMTHITTA.

            BY ADV P.N.MOHANAN



RESPONDENTS:

    1       ENATHU SERVICE CO-OPERATIVE BANK LTD.NO.2529
            REPRESENTED BY ITS SECRETARY, ENATHU P.O.,
            PATHANAMTHITTA-691526.

    2       MANAGING COMMITTEE OF ENATHU SERVICE CO-OPERATIVE BANK
            LTD. NO.2529,
            REPRESENTED BY ITS PRESIDENT, ENATHU P.O.,
            PATHANAMTHITTA-691526.

    3       JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
            PATHANAMTHITTA-689548.

    4       THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL),
            OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
            SOCIETIES, ADOOR, PATHANAMTHITTA-691523.

            BY ADV K.SHAJ

                   JIMMY GEORGE, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10749 OF 2021
                               2



                          JUDGMENT

The grievance of the petitioner in the present writ

petition is that the representations dated 15.11.2019 and

15.03.2020 Exts.P2 and P3 submitted to the society and the

Assistant Registrar of co-operative Societies respectively for

payment of Dearness Allowance has not been considered,

which the petitioner is entitled to on account of the revision

of pay in the years 2012, 2013 and 2013. It is submitted

that Assistant Registrar has already accepted the request of

the petitioner for granting of the Dearness Allowance but the

matter is pending before the Society.

Without expressing any opinion on the merits of the

matter, I dispose of the writ petition by issuing directions to

respondent bank to take call on Ext.P4 which has culminated

on account of the representations of the petitioner Ext.P2 WP(C) NO. 10749 OF 2021

and P3, regarding its implementation or otherwise in

accordance with law, by affording an opportunity of hearing

to the petitioner. Let this exercise be undertaken within a

period of 45 days from the date of receipt of the copy of this

judgment.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 10749 OF 2021

APPENDIX OF WP(C) 10749/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE AWARD DATED 18.9.2018 IN ARC NO.66/2017 ALONG WITH SETTLEMENT DEED DATED 18.9.2018.

EXHIBIT P2 A TRUE COPY OF THE PETITION DATED 15.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE PETITION DATED 15.3.2020 SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES.

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 22.3.2021 OF THE THIRD RESPONDENT.