G.Sushama vs The Joint Registrar (General)
2023 Latest Caselaw 11181 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                   WP(C) NO. 14261 OF 2021

PETITIONER :-

           G.SUSHAMA, AGED 48 YEARS
           W/O.BAIJU S., SAROVARAM,
           K.R.PURAM P.O., CHERTHALA.

           BY ADVS.
           A.X.VARGHESE
           A.V.JOJO
           SHAMEM M.S.

RESPONDENTS :-

     1     THE JOINT REGISTRAR (GENERAL)
           OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETY,
           ALAPPUZHA, PIN - 688 011.

     2     THIRUNALLOOR SERVICE CO-OPERATIVE BANK LTD.NO.1250
           THIRUNALLOOR P.O., CHERTHALA, PIN - 688 536,
           ALAPPUZHA DIST., REP. BY ITS SECRETARY.

     3     THE SECRETARY
           THIRUNALLOOR SERVICE CO-OPERATIVE BANK LTD.NO.1250,
           THIRUNALLOOR P.O., CHERTHALA, PIN - 688 536.


           BY ADVS.
           M.SASINDRAN
           No Advocate


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C.) No.14261 of 2021
                                          2




                                   JUDGMENT

The petitioner states that she joined the service of the Thirunalloor

Service Co-operative Bank Ltd. as a peon on 01.01.1999. Subsequently, she

was promoted to junior clerk and thereafter as a senior clerk. She states that

disciplinary proceedings were initiated against her, and she was suspended

from service. While the disciplinary proceedings were pending, the petitioner

secured an appointment as Clerk/Cashier in the service of the District

Co-Operative Bank Ltd, Idukki. Complaining about the non-disbursement of

her service benefits, she approached the Registrar and thereafter, this Court.

Pursuant to directions issued by this Court, the matter was taken up by the

1st respondent, and the said authority refused to issue directions on the

ground that an Arbitration Case was pending. It is on these assertions that

this writ petition is filed seeking the following reliefs:-

"i. Call for the records pertaining to Exhibit P-8 and quash the same by issuing a Writ of Certiorari;

ii. Issue a Writ of Mandamus or appropriate writ, order, or direction, directing the 1st respondent to take necessary measures to disburse the service benefits of the petitioner as detailed in Exhibit P-7, including the pay revision within a time frame manner.

iii. Issue of Writ of Mandamus or appropriate writ, order, or W.P.(C.) No.14261 of 2021

direction directing the 3rd respondent to transmit pension fund and service book of the petitioner to the District Co-operative Bank Ltd, Idukki.

iv. Award the cost of the Petitioner."

2. When the matter was taken up for consideration, Sri Jojo, the

learned counsel appearing for the petitioner, submitted that the petitioner has

preferred Ext.P9 representation, requesting to refund the contribution paid to

the pension board and requests that the 3rd respondent be ordered to

consider the same and take a decision.

3. I have heard the learned standing counsel appearing for the

respondents.

4. Having considered the facts and circumstances and the

submissions made across the bar, 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 3rd respondent to take up, consider, and pass appropriate orders on Ext.P9 representation 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.

b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the W.P.(C.) No.14261 of 2021

writ petition along with the judgment before the concerned respondent for further action.

This Writ Petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

SMA W.P.(C.) No.14261 of 2021

APPENDIX OF WP(C) 14261/2021

PETITIONER EXHIBITS :-

Exhibit P1 TRUE COPY OF THE PETITION IN ARC 23/2018.

Exhibit P2 TRUE COPY OF THE ORDER IN I.A.53/2018 IN ARC 23/2018 OF THE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM.

Exhibit P3 TRUE COPY OF THE RELIEVING ORDER DATED 17/7/2019.

Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED 17/12/2019 OF THE ASSISTANT REGISTRAR (GENERAL), CHERTHALA.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 22/2/2020.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 19/8/20 IN WPC 17054/2020.

Exhibit P7 TRUE COPY OF THE WRITTEN SUBMISSION DATED 25/11/2020 GIVEN TO THE 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF THE ORDER DATED 12/4/2021.

Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 20.05.2022.