The Chakkittapara Service ... vs P .S. Unnikrishnan
2021 Latest Caselaw 21758 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
                            WA NO. 1420 OF 2021

    AGAINST JUDGMENT DATED 28/09/2021 IN WP(C) 4141/2020 OF THIS COURT.

                                   ---

APPELLANTS/RESPONDENTS 1 & 2:

1.THE CHAKKITTAPARA SERVICE CO-OPERATIVE BANK

  LTD. NO.F 1675, P.O.CHAKKITTAPARA,

  PIN-673 526,REPRESENTED BY ITS SECRETARY.

2.THE MANAGING COMMITTEE OF THE CHAKKITTAPARA SERVICE

  CO-OPERATIVE BANK LTD. NO. F 1675,P.O.CHAKKITTAPARA,

  PIN-673 526,REPRESENTED BY ITS PRESIDENT.

BY ADV.SRI.P.C.SASIDHARAN

RESPONDENTS/PETITIONER & RESPONDENTS 3 & 4:

1.P .S. UNNIKRISHNAN,ACCOUNTANT,(UNDER DISMISSAL),

  CHAKKITTAPARA SERVICE CO-OPERATIVE BANK

  LTD.NO. F 1675,P.O.CHAKKITTAPARA,PIN-673 526.

2.THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G),

  QUILANDI,OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE

  SOCIETIES(G),QUILANDI,KOZHIKODE-673 305.

                                                                      P.T.O.
 3.THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),

  KOZHIKODE,OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE

  SOCIETIES(G),PUTHIYARA,KOZHIKODE-673 004.


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay Judgment in W.P.(C) 4141 of 2020 pending disposal of the Writ
Appeal.


     This Writ Appeal coming on for orders 02/11/2021 upon perusing the
appeal memorandum, the court on the same day passed the following:


                                                                  P.T.O.
              ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
             ===================================
                         W.A.No.1420 of 2021
         [arising out of judgment dated 28.09.2021 in WP(C) No.4141 of 2020]
         =========================================
                  Dated this the 2nd day of November, 2021

                                       ORDER

The first appellant and the 1st respondent in the Writ Appeal / Writ

Petition shall file a separate affidavit/statement stating precisely as to the

nature and duties in the post of Accountant and in the post of Branch Manager

and also as to whether the subsistence allowance paid to the writ petitioner by

the first appellant was computed with reference to the pay in the post of

Accountant or the pay in the post of Branch Manager. So also it should be

stated as to whether the writ petitioner was holding the post of Accountant on

a substantive basis and whether he was holding the post of Branch Manager

only on an acting basis or temporary / officiating / adhoc basis and whether

he was given the total emoluments and whether he has received any extra

emoluments while discharging the duties and functions as acting Branch

Manager during the relevant period. Affidavits of both sides shall be filed

within ten days.

List the case on top of the admission list on 15.11.2021.

         Handover                                                  Sd/-

                                                    ALEXANDER THOMAS
                                                         JUDGE
                                                                  Sd/-

                                                        VIJU ABRAHAM
                                                             JUDGE
  Nsd



02-11-2021                       /True Copy/                              Assistant Registrar