Secretary vs Mini Nc
2023 Latest Caselaw 7079 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                         RP NO. 324 OF 2023
 (ARISING FROM THE JUDGMENT DATED 19.01.2023 IN WRIT PETITION NO.
                 39048/2022 OF THIS HON'BLE COURT)


REVIEW PETITIONER/RESPONDENT NO.4:-

           SECRETARY,
           MUTHUKAD CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
           BRANCH NO. D76(D), APCOS, MUTHUKAD, PERUVANNAMUZHY,
           KOZHIKODE DISTRICT, PIN - 673 528.

           BY ADV P.T.SHEEJISH


RESPONDENTS/PETITIONER & RESPONDENTS NO 1 TO 3 & 5 TO 6:

    1      MINI NC, AGED 59 YEARS, W/O SHANKARAN,
           THATTANKANDI HOUSE, CHENOLI P.O,
           KOZHIKODE DISTRICT, PIN - 673525.

    2      SECRETARY FOR CO-OPERATION,
           DEPARTMENT OF CO-OPERATION,
           KERALA GOVERNMENT SECRETARIAT,
           CENTRAL STADIUM, MAHATMA GANDHI ROAD,
           NEAR JUNCTION, PALAYAM,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695 001.

    3      THE DEPUTY DIRECTOR,
           DAIRY DEVELOPMENT DEPARTMENT,
           CIVIL STATION P.O,
           KOZHIKODE DISTRICT, PIN - 673 020.

    4      PRESIDENT, MUTHUKAD CO-OPERATIVE MILK MARKETING
           FEDERATION LTD., BRANCH NO. D76(D), APCOS,
           MUTHUKAD, PERUVANNAMUZHY,
           KOZHIKODE DISTRICT, PIN - 673 528.

    5      KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD,
           JAWAHAR SAHAKARANA BHAVAN,
           7TH FLOOR, JUNCTION, DPI, THYCAUD,
           THIRUVANANTHAPURAM DISTRICT,
           PIN - 695 014.
 RP NO. 324 OF 2023
                              -2-



    6      KERALA CO-OPERATIVE MILK MARKETING FEDERATION
           LTD.,'MILMA BHAVAN', PATTOM PALACE P.O,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695 004,
           REPRESENTED BY ITS MANAGING DIRECTOR.

           BY ADVS.SANTHARAM.P
           M.SASINDRAN
           SMT.MABLE C.KURIAN, SR.GP


        THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 23.06.2023,    THE COURT   ON THE   SAME DAY   PASSED THE
FOLLOWING:
 RP NO. 324 OF 2023
                                -3-



                              ORDER

This petition, seeking review of the

judgment of this Court, has been impelled by the

petitioner - Secretary, 'Muthukad Co-operative

Milk Marketing Federation Ltd.', who was the 4 th

respondent in the writ petition, saying that the

retiral benefits to the writ petitioner can be

disbursed only after an Audit is completed,

because there are severe allegations against

her, including fiscal misappropriation.

2. I am afraid that the afore submissions

of Sri.P.T.Sheejish - learned counsel for the

Review Petitioner, are tenable because the writ

petitioner is admitted to have retired from the

services, on attaining the age of

superannuation, without any inquiry having been

initiated against her.

3. All which is stated now, in opposition RP NO. 324 OF 2023

to the Review Petitioner's claim for payment of

retiral benefits, is that there are Audit

proceedings pending against her. It is now well

settled, without requirement of restatement,

that merely because Audit proceedings are

pending, it would not be an excuse for the

Society not to disburse the retiral benefits,

though they may have the remedy open to them to

proceed against a person under Arbitration or

such other legally sanctioned course, for

recovery of any amounts that are found liable

against him/her.

4. As matters now stand, even the Review

Petitioner concedes that no liability has been

fixed against the writ petitioner, but solely

that some Audit proceedings are pending.

I am afraid that this cannot be a ground for

seeking a Review of the judgment of this Court

and I, therefore, dismiss this Petition; RP NO. 324 OF 2023

however, granting two more months time, from the

date or receipt of a copy of this order, to the

Society to comply with the directions in the

judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv RP NO. 324 OF 2023

APPENDIX OF RP 324/2023

PETITIONER ANNEXURES

ANNEXURE A TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT ON 17/02/2023.

ANNEXURE B TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 5TH RESPONDENT ON 17/02/2023