Kerala High Court
Sunny Cherian vs Joint Registrar Of Co-Operative ... on 15 December, 2023
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 15th day of December 2023 / 24th Agrahayana, 1945
WP(C) NO. 28504 OF 2023(K)
PETITIONER:
SUNNY CHERIAN, KUNNAKKATTU HOUSE, MELAMPARA P.O., KOTTAYAM - 686578.
RESPONDENTS:
1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOTTAYAM -
686002.
2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MEENACHIL,
PALA KOTTAYAM - 686577.
3. THE TRAVANCORE RUBBER MARKETING AND PROCESSING CO-OPERATIVE SOCIETY
LTD., NO. K- 876 REPRESENTED BY PART TIME ADMINISTRATOR PALA -
686577.
4. PART-TIME ADMINISTRATOR, THE TRAVANCORE RUBBER MARKETING AND
PROCESSING CO-OPERATIVE SOCIETY LTD., NO. K- 876, PALA, OFFICE OF
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
MEENACHIL, PALA, KOTTAYAM- 686577.
5. THE KERALA STATE CO-OPERATIVE BANK LTD., KOTTAYAM, REPRESENTED BY
ITS REGIONAL MANAGER, REGIONAL OFFICE, P.B NO. 140, CENTRAL
JUNCTION, KOTTAYAM, PIN - 686001.
6. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENTED BY
ITS SECRETARY, 7TH FLOOR, JAWAHAR SAHAKARANA BHAVAN, D.P.I JUNCTION,
THYCADU P.O., THIRUVANANTHAPURAM, PIN - 695014.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 4th respondent to disburse the gratuity and other
retirement benefits due to the petitioner at the time of retirement from
service, pending final disposal of the Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S SHAJI THOMAS, MOHAN PULIKKAL and JEN JAISON, Advocates for the
petitioner, GOVERNMENT PLEADER for R1 and R2, SRI. GILBERT GEORGE CORREYA,
Advocate for R5 and of SRI. M.SASINDRAN, Advocate for R6, the court passed
the following:
P.T.O
APPENDIX OF WP(C) 28504/2023
Exhibit P1 TRUE PHOTOCOPY OF THE JUDGMENT DATED 22.06.2010 IN W.P
(C) NO. 15370/2010
Exhibit P2 TRUE PHOTOCOPY OF THE JUDGMENT DATED 11.10.2010 IN W.A
NO. 1113/2010
Exhibit P5 TRUE PHOTOCOPY OF THE SERVICE CERTIFICATE DATED
19.05.2006 ATTESTED BY THE 2ND RESPONDENT
Exhibit P8 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF PERSONAL
MEMORANDA (SERVICE BOOK) OF THE PETITIONER
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P(C) No. 28504 of 2023
---------------------------------------
Dated this the 15th day of December, 2023
ORDER
The grievance of the petitioner is that for want of the original
Service Book, the benefit of two increments as per the Government
Orders and the monetary benefits to which the petitioner is entitled to
is not being disbursed. The learned counsel points out that the
petitioner had to approach this Court on numerous occasions earlier
and the benefits are not being disbursed on the sole ground that the
Service Book, which ought to have been retained in the primary society
where he had initially served could not be traced out. According to the
learned counsel, no wrongdoing can be attributed to the petitioner for
the lapses of society. However, this Court had ordered the re-creation of
the Service Book if possible, the said exercise was also not carried out.
It is pointed out by the learned counsel that Ext.P5 service certificate
and Ext.P8 copy of the Service Book clearly would disclose that the
petitioner had joined service on 15.11.1994 and was relieved only on
21.10.2010 based on the directions issued by this Court in Exts.P1 and
P2 judgments. The learned counsel points out that the primary bank
had no case before this Court at any stage that there was any break in
service. If that be the case, there is no justification on the part of the
Kerala Bank in taking a stand that Ext.P5 and P8 would not show that
the service was continuous without a break. It is submitted that the
petitioner cannot be ordered to adduce negative evidence.
The learned Standing Counsel appearing for the 5th respondent
shall get instructions and submit whether there is any embargo in
granting the benefits to the petitioner, particularly in the peculiar facts
and circumstances of the instant case.
Post on 20.12.2023.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sru
15-12-2023 /True Copy/ Assistant Registrar
