Kerala High Court
Jose T.Y vs State Of Kerala on 14 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 19255 OF 2022
PETITIONERS:
1 JOSE T.Y., AGED 51 YEARS
S/O. YOHANNAN, THACHETH HOUSE, NJARALLOOR,
KIZHAKKAMBALAM P.O., ERNAKULAM-683562.
2 SURESH K.S., AGED 59 YEARS
S/O. SUKUMARAN, KANAPPILLY HOUSE, CHERAI, ERNAKULAM-
683514.
3 ALIAS M.V., AGED 54 YEARS
MOLATHAN HOUSE, METHALA P.O., KURUPPUMPADY, ERNAKULAM-
683545.
4 DINESH KUMAR C.S., AGED 51 YEARS
S/O. SANKARAN NAIR, CHIRAKKAL HOUSE, THRIKKALATHOOR
P.O., MOOVATTUPUZHA, ERNAKULAM-683557.
5 ELDO N., AGED 49 YEARS
S/O. MATHEW, MARIYILIL HOUSE, PAIPARA, MANARY P.O.,
MUVATTUPUZHA, ERNAKULAM-686673.
6 SUNIKUTTAN N.G., AGED 47 YEARS
ARAYAKULLATH HOUSE, PUSHPA NAGAR, CHUNANGAMVELY,
ERUMATHALA P.O., ALUVA, ERNAKULAM-683112.
7 ANILKUMAR P.R., AGED 56 YEARS
S/O. RAMAN NAIR, PERUNTHANATHU HOUSE, KOOTHATTUKULAM,
ERNAKULAM-686662.
8 POULOSE M.J., AGED 58 YEARS
S/O. JOSEPH, MANACHORY HOUSE, KAVALAPARAMBU, NAYATHOD
P.O., ANGAMALI, ERNAKULAM-683572.
9 AYYAPPAN P.P., AGED 69 YEARS
S/O. PALLY, PERUMPADATHIL HOUSE, ATHIRAPPILLY,
VETTILAPPARA, CHALAKUDY, THRISSUR-680721.
10 MURALEEDHARA MARAR, AGED 63 YEARS
S/O. SANKARAKURUP, USHA NIVAS, MAMMALASSERY P.O.,
RAMAMANGALAM, ERNAKULAM-686663.
WP(C) NO. 19255 OF 2022
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11 SAJU E.K., AGED 54 YEARS
S/O. KURIAKOSE, EDAPPATTULAKARAYIL HOUSE, SOUTH
MARADY P.O., MOOVATTUPUZHA, ERNAKULAM-686673.
12 SHAJI C.R., AGED 52 YEARS
S/O. RAMAKRISHNAN, CHERUTHURUTHIKUNNEL HOUSE,
CHETHIKKODE P.O., KANJIRAMATTOM, KOTTAYAM-
682315.
13 RAJAN V.K., AGED 68 YEARS
S/O. KUMARAN, VALIAVEETTIL HOUSE, AYYAMPILLY
P.O., ERNAKULAM-682502.
14 SHEKHARAN T.K., AGED 63 YEARS
S/O. KRISHNAN, THAZHANIKKAL HOUSE, INCHATHOTTY
P.O., KOTHAMANGALAM, ERNAKULAM-686681.
15 PLACEMON P.I., AGED 52 YEARS
S/O. ISSAC, PANACKAL HOUSE, KUTHUKUZHI P.O.,
KOTHAMANGALAM, ERNAKULAM-686691.
16 SHAJI M.S., AGED 52 YEARS
S/O. M. SHANKARAN, MADAVAUMMATTATHIL HOUSE,
CHELAD P.O., KEERAMPARA, ERNAKULAM-686681.
17 VIPIN P.R., AGED 54 YEARS
S/O. RAGHAVAN, PURAKKODATH HOUSE,
POICKATTUSSERY, CHENGAMANAD P.O., ALUVA,
ERNAKULAM-683578.
18 M.S. SOMANATHAN,
KIZHAKKEMOOTHATTU HOUSE, NAYATHODE P.O.,
ANGAMALI, ERNAKULAM-683572.
19 SIVAN P.C., AGED 40 YEARS
S/O. CHERIAN, PAIKKATTUKOTTAM HOUSE, MEKKAD
P.O., ALUVA-683589.
BY ADV P.T.ABHILASH
WP(C) NO. 19255 OF 2022
3
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-
OPERATION, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM-695014.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
DEPARTMENT OF THE CO-OPERATION, OFFICE OF THE
REGISTRAR OF THE CO-OPERATIVE SOCIETIES, JAWAHAR
SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM-695014.
3 THE CHIEF GENERAL MANAGER,
P.B. NO.6515, CO-BANK TOWERS, VIKAS BHAVAN P.O.,
PALAYAM, THIRUVANANTHAPURAM-695033.
4 THE KERALA STATE CO-OPERATIVE BANK,
(FORMERLY ERNAKULAM DISTRICT CO-OPERATIVE BANK
LIMITED) REPRESENTED BY ITS DEPUTY GENERAL
MANAGER, KAKKANAD, KOCHI-682030.
SRI. VIVEK MENON SC R3,
SMT.PARVATHY .K -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 19255 OF 2022
4
JUDGMENT
Even though various assertions and averments have been
made and urged in this writ petition, when this matter was
called today, the learned counsel for the petitioner -
Sri.P.T.Abhilash, confined his plea that respondents 2 to 4 be
directed to take up and dispose of Ext.P8 representation made
by his clients, wherein, they have requested that their pending
arrears of salary be disbursed to them, within a time frame to
be fixed by this Court.
2. Sri.Vivek Menon, learned standing counsel for the
third respondent, submitted that if the petitioners only require
Ext.P8 to be taken up and disposed of by the competent
Authority of the fourth respondent, he would not stand in the
way of such orders being issued; however, praying that this
Court may not make any affirmative declarations as to the
entitlement of the petitioners to any relief and leave it to the
competent Authority to take a decision on it in terms of law.
Resultantly, I order this writ petition and direct the
competent Authority of fourth respondent to take up Ext.P8
request of the petitioners and dispose of the same, after
WP(C) NO. 19255 OF 2022
affording an opportunity of being heard to them; thus
culminating in an appropriate order thereon, as expeditiously
as is possible, but not later than three months from the date of
receipt of a copy of this judgment.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 19255 OF 2022
APPENDIX OF WP(C) 19255/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GO(MS) NO.189/09/CO-OP.
DATED 13/11/2009 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P2 TRUE COPY OF THE GO(MS) NO.87/2015/CO-OP
DATED 15/07/2015 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P3 TRUE COPY OF THE GO(MS) 1/2012 CO-OP DATED
03/01/2012 ISSUED BY THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE GO(MS) NO.22/2019/CO-OP
DATED 22/06/2019 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P5 TRUE COPY OF THE PROCEEDINGS
NO.4084/580/108648/E.M. (4) DATED
11/07/2019 ISSUED BY THE 2ND RESPONDENT TO
THE ALL JOINT REGISTRARS OF THE CO-
OPERATIVE SOCIETY.
Exhibit P6 PHOTOCOPY OF THE JUDGMENT IN WPC
NO.18577/2019 DATED 24/07/2019 OF THE
HON'BLE HIGH COURT OF KERALA.
Exhibit P7 PHOTOCOPY OF THE INTERIM ORDER IN WPC
NO.28079/2019 DATED 19/10/2019 OF THE
HON'BLE HIGH COURT OF KERALA.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED
02/06/2022 SUBMITTED BY THE PETITIONERS
BEFORE THE RESPONDENTS NO.2 TO 4.
