R.S. Mani vs The State Of Kerala
2021 Latest Caselaw 9918 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                      WP(C).No.26428 OF 2020(C)


PETITIONER:

               R.S. MANI,
               AGED 66 YEARS
               S/O. RAMAYYAN, GOKULAM, PUTHANANGADI, KOTTAYAM

               BY ADVS.
               SRI.C.S.MANILAL
               SRI.S.NIDHEESH

RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-
               OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
               695 001

      2        THE REGISTRAR OF CO-OEPRATIVE SOCIETIES,
               KERALA, TRIVANDRUM 695 001

      3        THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY
               OFFICE OF THE JOINT REGISRAR, CIVIL STATION, KOTTAYAM
               686 001

      4        THE DISTRICT COLELCTOR,
               CIVIL STATION, KOTTAYAM 686 001

      5        THE AMAYANNOOR PINAPPLE MARKETING SOCIETY
               REPRESENTED BY THE ADMINISTRATIOR, POOTHIRIKKAL,
               AMAYANNOOR, KOTTAYAM 686 001

      6        THE SAHITHYA PRAVARTHAKA SAHAKARANA SANGHOM,
               REPRESENTED BY THE SECRETARY, OPP. MANORAMA, K.K
               ROAD, KOTTAYAM 686 001

               R1-4 BY GOVERNMENT PLEADER
               R6 BY ADV. SMT.S.KARTHIKA
               R6 BY ADV. SMT.PREETHY KARUNAKARAN
               R6 BY ADV. SMT.ANJANA M VADHYAR

OTHER PRESENT:

               SR.GP BIMAL K NATH
 WP(C).No.26428 OF 2020(C)

                               2

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26428 OF 2020(C)

                                    3




                              JUDGMENT

Dated this the 24th day of March 2021

The petitioner herein was in the service of Co-

operative Department. His service was lend by the

Government on deputation to various Co-operative

Societies including the fifth and sixth respondent. He

retired from service on 31.01.2009. As per the Rule

146 of the Part III of the KSR, the lending institution

has to pay the Government, 25% of the basic pay of

the officer whose service was lent as pension

contribution and leave salary. The grievance of the

petitioner is that his foreign account service is not

closed under the guise that the fifth and sixth

respondent have not paid their contribution. Hence,

this writ petition.

2. When the matter was taken up the learned

Counsel for the sixth respondent on instructions

submitted that they have remitted a sum of WP(C).No.26428 OF 2020(C)

Rs.23,742/- (Rupees Twenty three thousand seven

hundred forty two only) on 08.01.2021. This has been

recorded. Notice was served on fifth respondent who

has not turned up. However, the Government has filed

counter affidavit. The Joint Registrar of Co-operative

Societies has filed a counter affidavit wherein it is

stated that action has been taken up by the second

respondent for recovery of a sum of Rs.31,349/-

(Rupees Thirty one thousand three hundred forty nine

only) from the fifth respondent Society. The above

proceeding is yet to be completed.

3. Having considered the entire facts and in the

background of the above facts disclosed in the course

of hearing, I am inclined to dispose of the writ petition

with a direction to respondents 1 to 3 to pursue the

above matter and complete the entire proceedings.

The amount legally due to petitioner shall be released

to the petitioner after completion of the entire process

within a period of four months from the date of receipt WP(C).No.26428 OF 2020(C)

of a copy of this judgment.

The writ petition is disposed of accordingly.

Sd/-

SUNIL THOMAS

JUDGE SKP/24-3 WP(C).No.26428 OF 2020(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NON-LOABILITY CERTIFICATE ISSUED BY THE KOTTAYAM DISTRICT CO- OPERATIVE BANK DATED 16-6-2018

EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 19-06-2009 EVIDENCING CLOSURE OF THE LOAN

EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 30-03-2019 EVIDENCING CLOSURE OF THE LOAN

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 30-03-2019 EVIDENCING CLOSURE OF THE LOAN

EXHIBIT P5 TRUE COPY OF THE NLC DATED 13-10-2015 FROM KEERALA GAZETTED OFFICERS CO-OPERATIVE SOCIETY LTD 7424

EXHIBIT P6 TRUE COPY OF THE NLC DATED 27-10-2018 FROM CO-OPERATIVE DEPARTMENTAL EMPLOYEES CO- OPERATIVE SOCIETY

EXHIBIT P7 TRUE COPY OF THE NLC DATED 3-7-2018 ISSUED BY THE STATE BANK OF INDIA

EXHIBIT P8 TRUE COPY OF THE NLC DATED 30-05-2009 PALA MARKETING SOCIETY FROM WHERE THE PETITIONER RETIRED FROM THE SERVICE

EXHIBIT P9 TRUE COPY OF THE REQUEST DATED 13-07-2018 TO THE 2ND RESPONDENT

EXHIBIT P10 TRUE COPY OF THE U.O NOTE IN THE OFFICE OF THE 2ND RESPONDENT DATED 27-3-2018

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 7/9/2020 FROM 2ND RESPONDENT.

RESPONDENTS'S EXHIBITS:NIL

TRUE COPY P.A. TO JUDGE