Thomas P. Mathew vs The State Of Kerala
2022 Latest Caselaw 11612 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                     &
                THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
       Tuesday, the 20th day of December 2022 / 29th Agrahayana, 1944
                             WA NO. 1899 OF 2022

  AGAINST THE JUDGMENT DATED 01.11.2022 IN WP(C) 26376/2022 OF THIS COURT

APPELLANT/PETITIONER:

     THOMAS P. MATHEW, AGED 73 YEARS, S/O. K.P. MATHEW,
     RESIDING AT KANNAMKARA PUTHENPURAYIL, NALLICKAMON (P.O),
     RANNI PATHANAMTHITTA DISTRICT, PIN - 689674.

  BY ADV. M/S. JAWAHAR JOSE, CISSY MATHEWS & SAFEER BAWA A.S.

RESPONDENTS/RESPONDENTS:

  1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, CO-OPERATIVE
     DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
  2. THE KERALA STATE EMPLOYEE'S PENSION BOARD, REPRESENTED BY ITS
     SECRETARY, CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE,
     THIRUVANANTHAPURAM, PIN - 695001.
  3. THE DEVIKULAM PATTIKAVARGA SERVICE CO-OPERATIVE SOCIETY, REPRESENTED
     BY ITS SECRETARY, COLONY ROAD, EDAMLAKKUDY, MUNNAR (P.O), IDUKKI
     DISTRICT, PIN - 685612.

  BY ADV. SRI. M.SASINDRAN FOR R2

          SRI. P.N.MOHANAN FOR R3

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the 2nd respondent to quantify the amount of "interest" to be
payable to the appellant, for the delayed payment of Rs.9,52,582/- from
1-4-2007 to the month of August 2020, and further direct the 2nd
respondent to pay the said quantified amount, pending the disposal of writ
appeal.
     This Writ Appeal coming on for orders on 20.12.2022, upon perusing
the appeal memorandum, the court of the same day passed the following.
                      A.K.JAYASANKARAN NAMBIAR
                                   &
                      MOHAMMED NIAS C.P., JJ.
          -----------------------------------------
                         W.A No.1899 of 2022
          -----------------------------------------
               Dated this the 20th day of December 2022


                                    ORDER

A.K Jayasankaran Nambiar.,J.

Admit.

The learned Government Pleader takes notice for the 1 st

respondent. Sri. M.Sasindran, the learned Standing Counsel takes

notice for the 2nd respondent. Sri. P.N Mohanan, the learned Standing

Counsel takes notice for the 3rd respondent.

Post on 23.01.2023. There will be an interim stay of the

direction in the impugned judgment to the 2 nd respondent - The Kerala

State Co-operative Employee's Pension Board, to recompute the

amount, pending disposal of this appeal.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P.

JUDGE AP