The Managing Committee vs The State Of Kerala
2024 Latest Caselaw 10582 Ker

Kerala High Court

The Managing Committee vs The State Of Kerala on 11 April, 2024

WP(C) No.14253/2024                      1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                      THE HONOURABLE MR.JUSTICE BASANT BALAJI
            Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
                            WP(C) NO. 14253 OF 2024(F)
   PETITIONER:

          THE MANAGING COMMITTEE, POLICE CO-OPERATIVE SOCIETY LTD. NO.T.696,
          NANDAVANAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN -
          695033

   RESPONDENTS:

      1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FINANCE (PENSION-
         B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
         695001
      2. THE STATE POLICE CHIEF, STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
         THIRUVANANTHAPURAM , PIN - 695010
      3. THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL, DISTRICT POLICE
         OFFICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM, PIN - 695014
      4. THE DISTRICT TREASURY OFFICER, ANAKKACHERY BUILDING, STATUE,
         THIRUVANANTHAPURAM, PIN - 695001


        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 stay the operation of Exhibit-P3 Government Order to the extent
   it directs the production of a consent form from the defaulted employee as
   provided under Annexure A3 at the time of his retirement agreeing for
   recovery of his dues towards a co-operative Society from his DCRG for
   effecting the recovery, pending disposal of the Writ Petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.GEORGE POONTHOTTAM (SENIOR ADVOCATE) along with M/S.NISHA GEORGE, ANN
   MARIA FRANCIS, A.L.NAVANEETH KRISHNAN & FATHIMA AMREEN JAMAL Advocates for
   the petitioner and of GOVERNMENT PLEADER for respondents, the court passed
   the following:
 WP(C) No.14253/2024                             2/3




                                   BASANT BALAJI , J.
                                 ------------------------------
                              W.P.(C) No.14253 of 2024 (F)
                               -----------------------------------
                                  Dated : 11th April 2024

                                         O R D E R

Admit. Government Pleader takes notice for respondents.

Ext.P2 is the judgment of this Court in W.P.(C)

No.5744/2021, wherein this Court declared that an additional

undertaking is not required by an employee in view of the

statutory consent offered by him for recovery under Section 37

of the KCS Act. I am also fortified with the order of this

Court in W.P.(C) No.4529/2024. Therefore, Ext.P3 will stand

stayed for a period of two months.

Post on 07.06.2024.

Sd/-

BASANT BALAJI JUDGE JS

11-04-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 14253/2024 Exhibit -P2 A TRUE COPY OF THE JUDGMENT DATED 14.06.2022 IN W.P.(C) NO. 5744 OF 2021 PASSED BY THIS HON'BLE COURT Exhibit -P3 A TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(P)NO.46/2023/FIN DATED 08.05.2023

11-04-2024 /True Copy/ Assistant Registrar