Kerala High Court

Beenamol K vs State Of Kerala on 23 December, 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

FRIDAY, THE 23° pay OF DECEMBER 2022 / 2ND POUSHA, 1944

WP(C) NO, 36851 OF 2022

PETITIONER/S:

BEENAMOL K.,

AGED 56 YEARS
W/O K.T. ANIL KUMAR, UPPER PRIMARY SCHOOL

ASSISTANT (RETIRED ON 31-05-2022), SNUPS, AYAVANA,
KALLOORKKAD, MUVATTUPUZHA - 686 673. RESIDING AT:
KIZHAKKEPARAMBIL ENANELLOOR P.O., ANCHAPPRTTY,

ERNAKULAM DISTRICT - 686 673.

BY ADVS.
M.P.KRISHNAN NAIR

SEEMA KRISHNAN
K.K. VIVEKANANDAN

1 STATE OF KERALA,
REP. BY SECRETARY DEPARTMENT OF EDUCATION

THIRUVANANTHAPURAM - 695001.

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS ,
THIRUVANANTHAPURAM - 695 OO1.

3 THE ASSISTANT EDUCATIONAL OFFICER,
KALLOORKKAD, MUVATTUPUZHA-686 673.

SREE NARAYANA UPPER PRIMARY SCHOOL AYAVANA,

5
KALLCOORKKAD, MUVATTUPUZHA - 686 673
REP. BY ITS GENERAL MANAGER.
6 PEZHAKKAPPILLY RURAL CO-OPERATIVE BANK LTD.,

PEZHAKKAPPILLY, PIN -686673,


WP(C) NO. 36851 OF 2022 2

MUVATTUPUZHA, ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY.

7 ENANALLOOR SERVICE CO-OPERATIVE BANK LTD.,
AYAVANA, PIN-686668, ERNAKULAM DISTRICT.
REP. BY ITS SECRETARY.

SMT. ANIMA, GP
SRI. AN RAJAN BABU. SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 23.12.2022,
FOLLOWING:

THE COURT ON THE SAME DAY DELIVERED THE


WP(C) NO. 36851 OF 2022 3

JUDGMENT

This writ petition is filed seeking the following reliefs:

(i) To call for the entire records of the petitioner's case leading to the issue of Exhibit P1 and set aside Exhibit P1. (if) To declare that the petitioner is entitled to get the entire DCRG without any deduction by the respondents towards the alleged arrears due to the 6th and 7th respondents.

iii)To direct the respondents to release the entire DCRG amount and other retirement benefits forthwith with interest at market rate to the petitioner.

iv) To direct the 6th and 7th respondents to allow the petitioner to have One Time Settlement by allowing all the benefits of One Time Settlement and also various benefits given by the State/Central Government and Reserve Bank of India.

2. When the matter was taken up for consideration on 14.12.2022, it was submitted by the learned counsel on both sides that the matter can be settled by recourse to mediation. In view of the said submission, this Court directed the parties to appear before the Kerala High Court Mediation Centre on 20.12.2022.

3. When the matter is taken up today, It is submitted that the

parties were able to settle the matter amicably, and a memorandum of mediation settlement agreement has been entered into between the parties concerned. The learned counsel appearing for the petitioner submitted that the matter can be disposed of in terms of the mediation agreement.

4. In that view of the matter, this writ petition is disposed of in terms of the mediation agreement. The balance amount, if any, due after settling the claim of respondents 6 and 7 shall be released to the petitioner in terms of clause 7 of the agreement within a period of two months from the date of receipt of a copy of this judgment.

The mediation agreement shall form part of the judgment, and the

parties shall abide by the terms of the same.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

APPENDIX OF WP(C) 36851/2022

PETITIONER(S) EXHIBITS

Exhibit Pl TRUE COPY OF THE LETTER DATED 21-10-2022 ISSUED BY THE 3RD RESPONDENT TO THE HEADMISTRESS WITH COPY TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 11-12-2015 IN WP(C) NO. 16607/2015 OF THIS HON'BLE COURT.

Exhibit P3 TRUE COPY OF THE LETTER DATED 07-11-2022 SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE LETTER DATED 07-11-2022 SUBMITTED BY THE PETITIONER TO THE 7TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE LETTER DATED 07-11-2022 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE TRANSACTION RECEIPT DATED

14.10.2020 FOR AN AMOUNT OF RS.50,000/-

EXHIBIT P7 TRUE COPY OF THE TRANSACTION RECEIPT DATED 5.8.2022 FOR RS.50,000/-

EXHIBIT P8 TRUE COPY OF THE TRANSACTION RECEIPT DATED 5.8.2022 FOR RS.1,00,000/-

EXHIBIT P9 TRUE COPY OF THE NOTICE ISSUED BY THE STATE BANK OF INDIA TO ONE BORROWER, MS.RAJANI SAJI

RESPONDENT (S) EXHIBITS

Exhibit R7 (a)

Exhibit R7(b)

Exhibit R7(c)

TRUE COPY OF THE EXECUTION APPLICATION BEING B.A NO.1005/2022 DATED 31.10.2021 ALONG WITH THE AWARD.

TRUE COPY OF THE EXECUTION APPLICATION BEING E.A NO, 292/2021 DATED NIL ALONG WITH THE AWARD.

TRUE COPY OF THE CIRCULAR NO.39/2022 DATED 15.09.2022 BEING A.E.L/5197/2021 ISSUED FROM THER OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES.

ERNAKULAM MEDIATION CENTRE (HIGH COURT HALL)

(zr floor, above F High Court Building, Ernakulam, Koch}31.(Ph.0484-2562238) i te i. . WOET :

EMC/Reg No.2) 22 -- Dated 22[)2) 2 From

The Nodal Officer,

High Court Mediation Centre. To

The Registrar (Judicial)

High Court of Kerala, Ernakulam. Sir,

Sub : Mediation of case referred by the Hon'ble High Court of Kerala - red. §

Ref: Referral he in... MVE E } wus ESE] 299% bbeaueseeeenenayes dated IATA eee of the Honorable High Court of Kerala

Sk OG BOS Freee Ne

| am to forward herewith Report of the Mediator in the matter along with the enclosures for information and necessary action.

Yours Faithfully,

Nodal Officer, Ernakulam Mediation Centre

v < Enci- 1, Report of the Mediator, Settlement Agreement

2. Copy of the referral order dated [alley e2-of the High Court of Kerala..

3. Copy of the Petition

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

W.P.(C). No.36851. of 2022 (F)

Beenamoi K : Petitioner Vs.

state of Kerala & Others : Respondents REPORT SUBMITTED BY MEDIATOR ADV. PT. GIRILIAN Mediated. Settled.

Terms of settlement attached herewith. Dated this the 20th day of December, 2022. } \y Ne c i BN o "

. fan Adv. P.TGirljan(G 150) ~ Mediator

Emaktfam Mediation Centre

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

W.P.(C). No.36851 of 2022 (F)

Beenamoal K : Petitioner

Vs.

state of Kerala & Others : Respondents

MEMORANDUM OF MEDIATION SETTLEMENT AGREEMENT UNDER ve SECTION 89 OF THE CODE OF THE CIVIL PROCEDURE READ WITH RULE

24 OF THE CIVIL PROCEDURE (MEDIATION) RULES, 2008.

The parties above named submit as follows:

The aforesaid matter was referred to Adv. P.T. Girijan, Accredited Mediator, Ernakulam' Mediation and Conciliation Centre for resolving the dispute between the parties. In the course of mediation, they have resolved their dispute and have agreed to settle the matter with the following terms and conditions:

1. Petitioner agreed to pay the 6" Respondent an amount of Rs.3,20,0G0/- (Rupees Three Lakh Twenty Thousand only) towards full and final settlement & of her liability towards the Bank,

2. Petitioner has agreed to pay an amount of Rs.4,10,000/- (Rupees Four Lakh Ten Thousand only) to the 7" Respondent as full and final settlement towards her liability to the Bank.

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3, Petitioner has no objection and has also consented to disburse an amount of Rs.3,20,000/- (Rupees Three Lakh Twenty Thousand only) to the 6" Respondent and an amount of Rs.4,10,000/- (Rupees Four Lakh Ten Thousand only) to the 7" Respondent from the DCRG amount due to her withheld at the Office of AEO, Kalloorkad.

4. All Execution Proceedings taken against the Petitioner by the 7° Respondent shall be kept in abeyance till full and final settlement of the amount.

5. 6" and 7" Respondents shall close all proceedings initiated against the Petitioner for realising the amount upon receiving payment as have been agreed upon in the mediation by both the parties,

6. itis has been agreed by the Petitioner that only upon releasing the amount of

Rs.3,20,000/-(Rupees Three Lakh Twenty Thousand only) to the 6" Respondent and an amount of Rs.4,10,000/- (Rupees Four Lakh Ten Thousand only) towards the 7" Respondent, the balance eligible DCRG needs to be released to the Petitioner.

7. The 6" and 7" Respondents has no objection against the release of balance amount to the Petitioner after deducting the amounts due to the respective Banks as stated above.

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8. Respondents 1 to 5 are only a formal parties and therefore not a signatory to this

agreement.

In view of the settlement, the above case can be decreed/ disposed in terms of the above agreement.

Dated this the 20th day of December, 2022.

Petitioner

Beenamal K. gee

Adv.K.K Vivekanandan

Counsel for the Petitioner

Sas Peanatinor Scgyi POY IRA SHI QOF Say

| ste SANE SS 6° & 7m Respondent, oe NON # ae & N "AS we Ve) Ww el ee \ " x & Rod hes H . ; a Asif Pezhakkappilly Rural Co- Statv : Banka Represented b Oe

Adv.P.M Rafeeg

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Counsel for the 6" Respondent

XA (we Adv.Ann Maria Francis

Counsel for the 7" Respondent

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