Kerala High Court
N. Prabhakaran Pillai vs State Of Kerala Represented By The ... on 5 April, 2022
WP(C) NO. 9062 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(C) NO. 9062 OF 2022
PETITIONER:
N. PRABHAKARAN PILLAI
AGED 60 YEARS, S/O NARAYANA PILLAI,
SATHYAVILASAM,
CHUNDA, CHERUKULAM P.O.,
ANCHAL, KOLLAM, PIN - 691306
BY ADV ABHILASH S.FRANCIS
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO
GOVERNMENT,
CO-OPERATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL SECRETARY TO AGRICULTURE
DEPARTMENT OF AGRICULTURE AND DAIRY DEVELOPMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE DIRECTOR
DAIRY DEVELOPMENT DEPARTMENT,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
4 REGISTRAR OF CO-OPERATIVE SOCIETIES
CO-OPERATIVE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
5 THE SECRETARY
KSHEERODPADAKA SAHAKARANA SANKHAM,
Q113(D)APCOS, CHUNDA, CHERUKULAM P.O.,
ANCHAL, KOLLAM, PIN - 691306
SMT ANIMA M, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9062 OF 2022 2
JUDGMENT
The petitioner contends that he had joined the service of the
Ksheerolpadaka Sahakarana Sangham on 20.08.1988 and retired on
30.05.2019, while he was working as a Secretary of the Society. His grievance
is that retiral benefits due to him in terms of Ext.P1 Government Order have
not been disbursed. He contends that he has submitted numerous
representations before the 5th respondent. However, in response, the
petitioner was informed that his request shall not be entertained any further.
The petitioner contends that the 5th respondent is bound to calculate the total
amount due to the petitioner in terms of Ext.P1 G.O and to initiate steps to
disburse the same to the petitioner. It is on these assertions that this writ
petition is filed seeking the following relief:
i) To issue a writ of mandamus or any other appropriate writ, order or
direction to the 5th respondent to calculate the total amount due to
the petitioner as per the Ext.P1 G.O and to disburse it to the petitioner.
2. I have heard Sri. Abhilash S. Francis, the learned counsel
appearing for the petitioner and the learned Government Pleader. Notice to
the 5th respondent is exempted for the time being.
3. I find from Ext.P3 that the stand of the 5th respondent is that the
society does not have the finances to disburse the amount in terms of the
statement submitted by the petitioner. It is stated that some amount is due
from the petitioner to the Society. Further, it is stated that the statement
submitted by the petitioner has been forwarded to the 3rd respondent and
only after receiving the response of the said authority that any further action
can be taken.
4. Having considered the facts and circumstances and submissions
made across the bar, there will be a direction to the 3rd respondent to respond
to the request made by the 5th respondent and issue clarifications within a
period of one month from the date of receipt of a copy of this judgment. On
receipt of clarifications, the 5th respondent shall calculate the amounts, if any,
due to the petitioner in terms of Ext.P1 G.O. and also the liabilities, if any, and
necessary intimation shall be given to the petitioner. This exercise shall be
completed by the 5th respondent within a period of six weeks from the date of
receipt of clarification from the 3rd respondent.
With the above directions, this writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 9062/2022
PETITIONER'S EXHIBITS:
Exhibit-P1 TRUE COPY OF THE G.O.(P) NO.2/2016/
AGRICULTURE DATED 14.01.2016
Exhibit-P2 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER TO THE PRESIDENT, KUCS,
Q113(D) APCOS, CHUNDA DATED 09.12.2020
Exhibit-P3 TRUE COPY OF THE REPLY TO THE PETITIONER
DATED 14.12.2020
RESPONDENTS' EXHIBITS:
NIL
