Tens Mathew vs State Of Kerala
2021 Latest Caselaw 14066 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
         WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                         WP(C) NO. 22772 OF 2017
PETITIONER:

              TENS MATHEW,
              VALIYAKAPPIL HOUSE, PUTHENPALLYKUNNU BHAGOM,PALA P.O.

              BY ADV SMT.M.J.SAJITHA



RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF
              CO-OPERATION, THIRUVANANTHAPURAM - 695 001.

     2        THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
              THIRUVANANTHAPURAM - 695 001.

     3        THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
              KOTTAYAM - 686 001.

     4        ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
              MEENACHIL, PALA - 686 575.

     5        MEENACHIL CO-OPERATIVE HOUSING SOCIETY LTD NO K 101,
              PALA P.O, REPRESENTED BY ITS SECRETARY - 686 575.

              BY ADV SRI.SHAJI THOMAS



OTHER PRESENT:

              GP SRI B HARISH KUMAR




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22772 OF 2017      -2-



                            JUDGMENT

Grievance of the petitioner is regarding non payment of

leave surrender, DA arrears, increment arrears, arrears of

salary and revision of gratuity. As far as the permissible

gratuity is concerned respondents have disbursed a sum of

Rs.4,68,135/- but other amount is being disputed. This Court

cannot adjudicate the other disputed amount in view of the

efficacious and alternative remedy available to the

petitioner under Section 69(2)(d) of the Kerala Co-operative

Societies Act, 1969. Writ petition is dismissed with liberty

to avail the remedy. If such remedy is availed within a

period of 45 days, the objection of limitation shall not be

taken.

Sd/-

AMIT RAWAL JUDGE vv

APPENDIX OF WP(C) 22772/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF LETTER DATED 11-12-2014 OF THE 4TH RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF LETTER DATED 20-03-2015 OF THE 4TH RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 31-08-

2016 OF THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 29-09-2016 OF THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPORT DATED 17-11-2016 OF THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 29-11-2016 OF THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE COVERING LETTER DATED 29-12-2016 WITH CALCULATION STATEMENT SUBMITTED BY THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 24-04-2017 OF THE 3RD RESPONDENT TO THE 5TH RESPONDENT.