Kerala High Court
T.S.Kusumakumary vs State Of Kerala on 14 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TH
FRIDAY, THE 14 DAY OF JANUARY 2022 / 24TH POUSHA, 1943
WP(C) NO. 41 OF 2022
PETITIONER/S:
T.S.KUSUMAKUMARY
AGED 65 YEARS
W/O LATE M R RAVEENDRAN NAIR,
RESIDING AT KARTHIKA HOUSE,
MAMTHURITHY ROAD, NEDUMKUNNAM P O,
KOTTAYAM DISTRICT, PIN-686542.
BY ADV S.JAYAKRISHNAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
CO-OPERATION (C) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE JOINT REGISTRAR (GENERAL)
CO-OPERATIVE SOCIETIES,
KOTTAYAM, PIN-686002.
3 THE ASSISTANT REGISTRAR (GENERAL)
CO-OPERATIVE SOCIETIES,
CHANGANACHERRY, PIN-686002.
4 THE NEDUMKUNNAM REGIONAL SERVICE
CO-OPERATIVE BANK LTD NO.286.
REPRESENTED BY ITS SECRETARY,
NEDUMKUNNAM P O, KOTTAYAM DISTRICT,
PIN-686542.
5 THE BOARD OF DIRECTORS
THE NEDUMKUNNAM REGIONAL SERVICE
CO-OPERATIVE BANK LTD NO.286,
REPRESENTED BY ITS PRESIDENT,
NEDUMKUNNAM P O, KOTTAYAM DISTRICT,
PIN-686542.
WP(C) NO. 41 OF 2022
2
SMT SURYA BINOY SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 41 OF 2022
3
JUDGMENT
The petitioner states that she entered the service of the
Nedumkunnam Regional Service Co-operative Bank Ltd. No. 286, as 'Junior
Clerk' on 20.12.1980 and she retired on attaining superannuation on
30.11.2014, while working as 'Secretary'. The petitioner contends that when
the 4th respondent refused to disburse the monthly pension, gratuity, pay
revision arrears and other retirement benefits, she had to approach this
Court and pursuant to directions issued, various orders were passed. Later,
the Bank approached the 3rd respondent and filed ARC No.1253/2018
seeking to realise certain amounts from the petitioner. The petitioner
contends that the 3rd respondent has passed Ext.P6 award, which was
challenged by the petitioner before this Court by filing W.P.(C).No.9489 of
2021. The petitioner states that, thereafter Ext.P8 order was passed by the
2nd respondent without even affording an opportunity of being heard to the
petitioner. Challenging Ext.P8 order, the petitioner is stated to have preferred
Ext.P11 appeal invoking Section 83(1)(j) of the Kerala Co-operative Societies
Act. The solitary prayer in this writ petition is for a direction to the 1st
WP(C) NO. 41 OF 2022
respondent to consider and dispose of Ext.P11 appeal as per law and in an
expeditious manner.
2. I have heard Sri.S.Jayakrishnan, the learned counsel appearing
for the petitioner and the learned Government Pleader.
3. After having carefully evaluated the contentions raised in this
writ petition, the submissions made across the Bar and the facts and
circumstances, I am of the view that this writ petition can be disposed of by
issuing the following directions:
a) There will be a direction to the 1st respondent to take up,
consider and pass appropriate orders on Ext.P11 appeal, as
per procedure and in adherence to the provisions of law,
after affording an opportunity of being heard, either
physically or virtually, to the petitioner herein or her
authorised representative and the 4th respondent.
b) Orders, as directed above, shall be passed expeditiously, in
any event, within a period of four months from the date of
production of a copy of this judgment.
WP(C) NO. 41 OF 2022
c) It would be open to the petitioner to produce a copy of the
writ petition along with the judgment before the concerned
respondent for further action.
d) Recovery proceedings, if any, pursuant to Exhibit P8 shall be
kept in abeyance until final orders are passed on Exhibit P11.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
WP(C) NO. 41 OF 2022
APPENDIX OF WP(C) 41/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF JUDGMENT DATED 11.10.2017 IN
WPC NO.30163/2015(U) OF THIS HON'BLE COURT.
Exhibit P2 TRUE COPY OF JUDGMENT DATED 29.08.2018 IN W
A NO.2565/2017 IN WPC NO.30163/2015(U) OF
THIS HON'BLE COURT.
Exhibit P3 TRUE COPY OF ORDER NO. A.E.L./848//2019
DATED 12.07.2019 PASSED BY THE 2ND
RESPONDENT.
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE
BYE-LAW.
Exhibit P5 TRUE COPY OF JUDGMENT DATED 22.08.2019 IN
WPC NO.21477/2019(H) OF THIS HON'BLE COURT.
Exhibit P6 TRUE COPY OF AWARD DATED 04.02.2019 IN A R
C NO.1253/2018 PASSED BY THE 3RD
RESPONDENT.
Exhibit P7 TRUE COPY OF JUDGMENT DATED 15.09.2021 IN
WPC NO.9489/2021 OF THIS HON'BLE COURT.
Exhibit P8 TRUE COPY OF ORDER
NO.JRGKTM/775/2021-CRP(2) DATED 03.11.2021
ISSUED BY THE 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF COVID -19 MEDICAL TEST REPORT
OF THE PETITIONER'S SON.
Exhibit P10 TRUE COPY OF COVID -19 MEDICAL TEST REPORT
OF THE PETITIONER.
WP(C) NO. 41 OF 2022
Exhibit P11 TRUE COPY OF APPEAL DATED 24.11.2021 FILED
BY THE PETITIONER UNDER SECTION 83(1) (J)
OF KERALA CO-OPERATIVE SOCIETIES ACT BEFORE
THE 1ST RESPONDENT.
