Kerala High Court
Usha V.R vs The Joint Registrar Of ... on 7 July, 2021
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. 32399 OF 2015
PETITIONER:
USHA V.R.
AGED 54 YEARS
W/O.LATE MADANAMOHAN P.S, V.S.BHAVAN, PALLICHAL
VILLAGE, PALLICHAL, ELAMANOORKONAM P.O, NARUVAMOOD P.O,
THIRUVANANTHAPURAM 695 528
BY ADV SRI.ARUN CHANDRAN
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
THIRUVANANTHAPURAM DISTRICT 695 001
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT 685 121
3 THE PALLICHAL JOINT FARMING CO-OEPRATIVE SOCIETY
LIMITED NO T. 1218, EDAKKODE NEMOM POST
THIRUVANANTHAPURAM-695 020. REPRESENTED BY ITS
SECRETARY
BY ADVS.
SMT.K.K.CHANDRALEKHA
SRI.K.C.SANTHOSHKUMAR
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. 32399 OF 2015
2
JUDGMENT
The present writ petition, at the instance of the widow of a
former secretary of the Pallichal Joint Farming Co-operative
Society, has been filed for issuance of writ in the nature of
mandamus directing the respondents to disburse gratuity,
provident fund, welfare fund and other benefits due to the late
husband of the petitioner.
The facts leading to the filing of the writ petition are, that
husband of the petitioner late Sri.P.S.Madanamohan, was former
secretary of respondent No.3 Society. He entered into the service
of the society on 18.08.1993. Certain irregularities while
sanctioning the loans and certain dereliction of duty was found
resulting into constitution of a sub-committee and initiation of
disciplinary proceedings out of which the husband was served
with a charge sheet and on directions by this Court enquiry was
completed and the husband of the petitioner was dismissed from
service. Though the factum of the dismissal and availment of the
remedy have not been referred to in the writ petition, the same is
ascertained from the counter. It is settled law that where a
WP(C) NO. 32399 OF 2015
person is dismissed from the service and which has been upheld,
gratuity and other benefits cannot be paid to the legal heirs of
the deceased employee. It is also ascertained that various
arbitration cases have been filed against the legal heirs of
P.S.Madanamohan as the liability quantified in disciplinary
proceedings was to the extent of Rs.50,35,120/-. In such
circumstances, the relief as sought for cannot be granted while
exercising the power of judicial review under Article 226 of the
Constitution of India. Even otherwise the petitioner has an equal
and efficacious remedy but not in the manner and mode as
chosen. The writ petition is bereft of merit, accordingly dismissed.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C) NO. 32399 OF 2015
APPENDIX OF WP(C) 32399/2015
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE
ISSUED BY THE REGISTRAR OF BIRTHS AND
DEATHS , CORPORATION OF
THIRUVANANTHAPURAM
EXHIBIT P2 & P2(A) TRUE COPY OF ONE OF THE REPRESENTATIONS
SUBMITTED TO THE 3RD RESPONDENT SOCIETY
AND ITS TRUE ENGLISH TRANSLATION
EXHIBIT P3 TRUE COPY OF THE SAID REPRESENTATION
SUBMITTED TO THE OFFICIAL RESPONDENTS
SEEKING DISBURSAL OF THE BENEFITS
EXHIBIT P4 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT
CARDS EVIDENCINF THE RECEIPT OF THE
REPRESENTATIONS BY THE OFFICIAL
RESPONDENTS
RESPONDENTS' EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE JUDGMENT DATED
02.12.2013 AND MADE IN W.P.
(C)NO.17722/2013
EXHIBIT R1(B) TRUE COPY OF THE BIRTH CERTIFICAE ISSUED
BY THE ASSISTANT REGISTRAR (GENERAL) OF
CO-OPERATIVE SOCIETIES, NEYYATTINKARA
CERTIFYING THE PENDENCY OF ARBITRATION
