Sheeja.S vs State Of Kerala
2024 Latest Caselaw 4508 Ker

Kerala High Court

Sheeja.S vs State Of Kerala on 6 February, 2024

WP(C) No.17831/2023                      1/4

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                      THE HONOURABLE MR.JUSTICE BASANT BALAJI
             Tuesday, the 6th day of February 2024 / 17th Magha, 1945
                              WP(C) NO. 17831 OF 2023
   PETITIONER:

          SHEEJA.S., AGED 58 YEARS, W/O. P.G. SAJEEV RAJ, SENIOR CLERK
          (RETIRED), KUNDARA KSHEERA VYAVASAYA CO-OPERATIVE SOCIETY LTD., NO.
          Q88, KUNDARA.P.O., KOLLAM-691 501, RESIDING AT 'ARAAM', KALLUMPURAM,
          EZHUKONE.P.O., KOLLAM, PIN - 691505

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-
         OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
      2. THE DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, DIRECTORATE OF DIARY
         DEVELOPMENT, THIRUVANANTHAPURAM, PIN - 695002
      3. THE DEPUTY DIRECTOR, DIARY DEVELOPMENT DEPARTMENT, OFFICE OF THE
         DIARY DEVELOPMENT DEPARTMENT, KOLLAM, PIN - 691501
      4. KUNDARA KSHEERA VYAVASAYA CO-OPERATIVE SOCIETY LTD., REPRESENTED BY
         ITS SECRETARY, NO. Q88, KUNDARA.P.O. KOLLAM, PIN - 691501
      5. THE PRESIDENT, KUNDARA KSHEERA VYAVASAYA CO-OPERATIVE SOCIETY LTD.,
         NO. Q88, KUNDARA.P.O., KOLLAM, PIN - 691501

        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 issue a direction to the respondents to disburse the entire
   admitted pensionary benefits including DCRG to the petitioner forthwith,
   during the pendency of the Writ Petition(Civil)
        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
   M/S ELVIN PETER P.J., K.R.GANESH, GOURI BALAGOPAL, ABHIJITH.K.ANIRUDHAN,
   SREELEKSHMI A.S., Advocates for the petitioner, GOVERNMENT PLEADER for
   respondent 1 to 3 and of SRI.P.P.JACOB for the respondents 4 and 5, the
   court passed the following:
 WP(C) No.17831/2023                              2/4




                                 BASANT BALAJI, J.
                               ............................................
                                    W.P.(C) 17831 of 2023
                      ..............................................................
                        Dated this the 6th day of February, 2024

                                               ORDER

The writ petition is filed with a prayer for granting

promotion to the petitioner as secretary and also a

direction to release the pensionary benefits. The interim

relief sought for a direction to the respondents to

disburse the admitted pensionary benefits, including

DCRG, to the petitioner.

2. It is seen from Ext.P17 Judgment of this Court in

W.P.(C) No. 19601 of 2021 the memo of charges and the

consequent proceedings against the petitioner were

quashed. Therefore, the petitioner is entitled for all the

retirement benefits. In the said circumstances, there will

be a direction to the 4th respondent to pay admitted

W.P.(C) 17831 of 2023

pensionary benefits, including DCRG, to the petitioner

within a period of two months from the date of receipt of

a copy of this order.

Sd/-

BASANT BALAJI, JUDGE SRJ

06-02-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 17831/2023 EXHIBIT P17 TRUE COPY OF THE JUDGMENT DATED 22.02.2023 IN W.P.(C) NO. 19601/2021 PASSED BY THIS HON'BLE COURT.

06-02-2024 /True Copy/ Assistant Registrar