Kerala High Court
P.S.Gopinathan Nair vs Palakuzha Service Co-Operative ... on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Thursday, the 25th day of November 2021 / 4th Agrahayana, 1943
WA NO. 1438 OF 2021
AGAINST JUDGMENT DATED 2.7.2021 IN WP(C) 27127/2014 OF HIGH COURT OF KERALA
APPELLANT (PETITIONER):
P.S.GOPINATHAN NAIR, PALIYAKUNNEL KARIMPANA PO, KOOTHATTUKULAM PIN
686 662.
BY ADV.SRI.P.RAMAKRISHNAN
RESPONDENTS (RESPONDENTS):
1. PALAKUZHA SERVICE CO-OPERATIVE BANK LIMITED NO.E 81, PALAKUZHA PO,
PIN 686 662, REPRESENTED BY ITS SECRETARY
2. THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, P.B. NO.85,
KALA NIVAS, T.C.27/156, 157, CHINMAYA LANE, KUNNUMPURAM,
THIRUVANANTHAPURAM 695 001, REPRESENTED BY ITS SECRETARY.
BY ADV.SRI.P.V.BABY FOR R1
BY ADV.SRI.M.SASINDRAN FOR R2
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to set aside the judgment dated 02.07.2021 in WP(C) No.27127/2014 and
allow the writ petition.
This This Writ Appeal coming on for admission on 25.11.2021 upon
perusing the appeal memorandum, the court on the same day passed the
following:
Annexure A1-True copy of judgment dated 27/1/2015 in WP(C)
No.25840/2008
Exhibit P2-True copy of statement of remittance dated 03.03.2014
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
===================================
W.A.No.1438/2021
(arising out of the judgment dated 02.07.2021 1 in WP(C) No.27127/2014)
=========================================
Dated this the 25th day of November, 2021
ORDER
We have heard the parties for quite some time. Sri.M.Sasindran,
learned Standing Counsel for the Kerala State Co-operative Employees
Pension Board seeks short time to file an additional affidavit on behalf of
R2 to deal with the service particulars of the present appellant/writ
petitioner and also to state as to how the facts of this case is distinct from
that in Annexure A1 writ proceedings filed by another employee of the
same Co-operative etc. Sri.P.Ramakrishnan, learned Counsel appearing
for the appellant submits that in that case, the appellant may also be
given an opportunity to file a reply affidavit to the pleadings in the
additional affidavit proposed to be filed by R2 and further that the
appellant may also be permitted to produce certain additional documents
like the settlement referred to in Annexure A1 judgment and also to
ascertain whether there are any other proceedings issued by the Joint
Registrar, in the case of the present appellant after he got regularized in
service consequent to the finalization of the disciplinary proceedings etc.
Since the service particulars of the appellant is claimed to be distinct
from the employee of the same respondent Bank covered by Annexure A1
W.A.No.1438/2021
judgment as contended by the learned Standing Counsel for the 2 nd
respondent Pension Board, it is highly necessary that the 1 st respondent
Alappuzha Service Co-opearative Bank Ltd should also ensure that a
counter affidavit sworn to by their Secretary, well before the next posting
date. We came to understand as to how the 1 st respondent Society has not
cared to file affidavit in this case. The 1st respondent Co-operative Society
should also state in their counter affidavit as to the date of initial
appointment of the appellant in the service of the respondent Bank,
whether he was appointed to a sanctioned post, date on which his
probation has been declared, the day on which the 1 st respondent Society
had commenced the Contributory Provident Fund Scheme and when
contributions were made to that scheme in respect of the accounts of the
appellant as well as the other employees concerned (Sri.P.V.Markose)
covered by Annexure A1 WP(C) No.25840/2008 and whether the
amounts reflected in Ext.P2. The amount of Rs.23,000/- reflected in
Ext.P2 was already credited to the account of the appellant in the
erstwhile Contributory Provident Fund Scheme and also the minimum
prescribed period of probation stipulated by the 1 st respondent Society as
per the Rules in relation to the initial post held by the appellant.
Time by 2 weeks granted to all the three parties concerned to file
W.A.No.1438/2021
their additional further pleadings in the matter as above. The case is
treated as part-heard.
Post on 10.12.2021.
Handover to both sides.
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
VIJU ABRAHAM
JUDGE
Nsd
25-11-2021 /True Copy/ Assistant Registrar
