K.Rajasekharan Nair vs The Joint Registrar Of ...
2023 Latest Caselaw 2779 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                      WP(C) NO. 831 OF 2023
PETITIONER:

            K.RAJASEKHARAN NAIR
            AGED 62 YEARS, S/O.R.KRISHNAPILLAI,
            SUDINAM, SARASS 19, SREEVARAHAM,
            THIRUVANANTHAPURAM, RETD SECRETARY-IN-CHARGE,
            ANANTHAPURAM SAHAKARANA SANGAM T 184,
            KAITHAMUKKU, THIRUVANANTHAPURAM, PIN - 695024
            BY ADVS.
            B.S.SWATHI KUMAR
            SAMYUKTHA NAIR

RESPONDENTS:

    1       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (G),
            JAWAHAR SAHAKARANA BHAVAN, JAGATHY,
            THIRUVANANTHAPURAM, PIN - 695014
    2       ANANTHAPURAM SAHAKARANA SANGAM T.184
            KAITHAMUKKU, THIRUVANANTHAPURAM, REPRESENTED BY
            ITS SECRETARY-IN-CHARGE, PIN - 695024
    3       THE BOARD OF DIRECTORS
            ANANTHAPURAM SAHAKARANA SANGAM T 184,
            KAITHAMUKKU, THIRUVANANTHAPURAM REPRESENTED BY
            ITS PRESIDENT, PIN - 695024
    4       THE PRESIDENT,
            ANANTHAPURAM SAHAKARANA SANGAM T 184,
            KAITHAMUKKU, THIRUVANANTHAPURAM, PIN - 695024
            BY ADVS.
            Nisha George
            GEORGE POONTHOTTAM (SR.)(K/000570/1979)
            BY GOVT.PLEADER:SRI.V.K.SUNIL


     THIS     WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION     ON   01.03.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.831 of 2023

                               -:    2   :-




                      Sathish Ninan, J.
               ==============================
                   W.P.(C).No.831 of 2023
                 ==========================
            Dated this the 1st day of March, 2023


                               JUDGMENT

Petitioner has approached this Court

aggrieved by the non-disbursal of his gratuity and

provident fund amounts.

2. Petitioner retired from the services of

the 2nd respondent Society as early as on

31/01/2019. According to the petitioner, though

three days prior to his retirement, an explanation

was sought for from him with regard to certain

audit objections, there were no further

proceedings. Ext.P3 communication dated 27/06/2022 W.P.(C).No.831 of 2023

-: 3 :-

has now been served on him from the Secretary-in-

charge of the Society to the effect that there are

certain outstanding liabilities from him which are

liable to be recovered from his pensionary

benefits. The same is under challenge in this writ

petition.

3. Heard the learned counsel on either

sides.

4. The learned counsel appearing for the

Society submits that the details with regard to

the liabilities were received in the Society from

the Auditor only belatedly, which led to the non-

initiation of proceedings while the petitioner was

in service. He further contends that even in the

surcharge proceedings, findings have been entered

into against the petitioner.

5. The above are not matters which entitle W.P.(C).No.831 of 2023

-: 4 :-

the Society to withhold the pensionary benefits.

It is not in dispute that, as on the date of

retirement (31/01/2019) there were no pending

disciplinary proceedings / recovery proceedings

against the petitioner. He having retired from the

services without any pending proceedings is

entitled to get release of his pensionary

benefits. The remedy of the Society, is to move

under Section 69 of the Co-operative Societies Act

[See Satheesan v Kannur District Co-operative Bank

and Others (2020 (4) KHC 60)].

In the result, the writ petition is allowed.

The gratuity and provident fund amounts due to the

petitioner shall be disbursed within a period of

six weeks from the date of receipt of a copy of

this judgment, notwithstanding Ext.P3

communication. It is made clear that this will not W.P.(C).No.831 of 2023

-: 5 :-

affect the rights of the Society to recover

amounts if any due to it through appropriate

process of law.

Sd/-

Sathish Ninan, Judge rsr W.P.(C).No.831 of 2023

-: 6 :-

APPENDIX OF WP(C) 831/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MEMO NO. ANCS HO 319/18-19 DATED 28-1-2019 ISSUED BY THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE EXPLANATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 4-2-2019 Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 27-6-2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.