Kerala High Court
The Vadayar Karshika Service ... vs Girija T.N on 17 February, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
2025:KER:22225
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 17TH DAY OF FEBRUARY 2025 / 28TH MAGHA, 1946
RP NO. 1198 OF 2024
AGAINST THE JUDGMENT DATED 24.05.2023 IN WA NO.480 OF
2023 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/APPELLANTS/RESPONDENT NOS.3 & 4:
1 THE VADAYAR KARSHIKA SERVICE CO-OPERATIVE BANK LTD
NO.3077, VADAYAR P.O., VAIKOM,
KOTTAYAM DISTRICT 686 605,
REPRESENTED BY ITS SECRETARY - IN CHARGE
C.N.MINIMOL, AGED 54 YEARS, W/O. P.K. AJAYAKUMAR,
PURAMTHARAYIL HOUSE, VADAYAR P.O., VAIKOM,
KOTTAYAM, PIN - 686605
2 THE PRESIDENT
THE VADAYAR KARSHIKA SERVICE CO-OPERATIVE BANK LTD
NO.3077, VADAYAR P.O., VAIKOM, KOTTAYAM, PIN-686605
BY ADVS.
MATHEW KURIAKOSE
J.KRISHNAKUMAR (ADOOR)
MONI GEORGE
RESPONDENTS/RESPONDENTS/WRIT PETITIONER & RESPONDENT NOS.1&2:
1 GIRIJA T.N.
AGED 60 YEARS
W/O. K.K. KARUNAKARAN, FORMER SECRETARY, THE
VADAYAR KARSHIKA SERVICE CO-OPERATIVE BANK LTD
NO.3077 KANNAMMYALIL VEEDU, MANJOOR P.O., KOTTAYAM,
PIN - 686603
R.P.No.1198 of 2024
-: 2 :-
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2 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES,
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES COLLECTORATE P.O., KOTTAYAM,
PIN - 686002
3 THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES VAIKOM P.O., KOTTAYAM, PIN - 686141
BY ADV.K.P.RAJEEVAN
ADV.NISHA BOSE - SENIOR GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
17.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.P.No.1198 of 2024
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ORDER
C.Jayachandran, J.
The review sought for is to the judgment in Writ Appeal
No.480 of 2023 [arising from W.P.(C)No.5562 of 2022] and the
review petitioner is the appellant in the said Writ Appeal. The 1 st
respondent filed W.P.(C)No.5562 of 2022 seeking disbursal of
gratuity, terminal leave surrender, arrears of pay revision, etc.,
to the petitioner. The Writ Petition was allowed as per judgment
dated 01.11.2022, directing payment of all eligible retiral
benefits, within a period of four months. The review petitioner
herein (3rd respondent in the writ petition) carried Writ Appeal
No.480 of 2023. The same was dismissed vide judgment dated
24.05.2023, however, granting a further period of four months
from the date of receipt of the judgment in the Writ Appeal, for
disbursing the retiral benefits. An application for extension of
time was filed, vide I.A.No.3 of 2023. The same was disposed of
as per Order dated 06.10.2023, directing the review
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petitioner/Co-operative Society to make payment of one-half of
the amount due to the petitioner within three weeks from that
date, so that the application of extension of time can be
considered. It is the case of the review petitioner/Co-operative
Society that it made a payment of Rs.1,50,000/- to the writ
petitioner, vide Demand Draft dated 13.09.2023, and a further
sum of Rs.2,50,000/- on 30.10.2023. Pursuant to the directions
in I.A.No.3 of 2023 above referred, a further sum of
Rs.1,52,846/- was paid on 06.02.2024. Accordingly, total sum
of Rs.5,52,846/- was paid to the writ petitioner (1 st respondent
herein).
2. Now, the instant review seeks to reconsider the
judgment in the writ appeal on the solitary ground that the
financial position of the Society is not conducive enough to
make the balance payment. It is urged as a ground that the 1 st
review petitioner/Co-operative Society has been running in loss
since 2013, and is facing acute financial crisis now. Another
contention urged is that the amount claimed by the writ
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petitioner (1st respondent herein) as due from the Society is not
correct and the Assistant Registrar is not ascertaining the actual
amount payable, despite a request in the Society.
3. Having heard the learned counsel for the review
petitioner, as also, the 1st respondent, this Court finds no
tangible ground to entertain the review sought for. There is no
error apparent on the face of the record. The solitary ground
urged is the financial crisis of the review petitioner/Co-operative
Society, which is not recognizable for the purpose of review. We
also notice that the review is sought for, after the 1 st respondent
preferred a contempt before this Court alleging non-compliance
of the judgment, vide Con. Case (C) No.1463 of 2024. The
practice of seeking a review of the judgment, in respect of
which contempt is alleged, that too on grounds not recognizable
in law, only with an eye fixed on extension of time, cannot be
entertained and countenanced. This Court recall that time has
already been extended as per Orders in I.A.No.3 of 2023 in Writ
Appeal No.480 of 2023.
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In the circumstances, this Review fails and the same will
stand dismissed.
Sd/-
ANIL K. NARENDRAN,
JUDGE
Sd/-
C. JAYACHANDRAN,
JUDGE
TR
2025:KER:22225
PETITIONER ANNEXURES
Annexure A 1 TRUE COPY OF THE STATEMENT OF AMOUNTS
PAID TOWARDS THE RETIREMENT BENEFITS OF
THE WRIT PETITIONER
Annexure A 2 TRUE COPY OF THE CIRCULAR NO. 28/96
DATED 07.11.1996 ISSUED BY THE
REGISTRAR OF CO-OPERATIVE SOCIETIES
Annexure A 3 TRUE COPY OF THE CIRCULAR NO. 73/13
DATED 21.11.2013 ISSUED BY THE
REGISTRAR IN CHARGE OF CO-OPERATIVE
SOCIETIES
Annexure A 4 TRUE COPY OF THE COMMUNICATION CUM
ORDER DATED 22.08.2023 ISSUED BY JOINT
REGISTRAR (GENERAL) COOPERATIVE
SOCIETIES, KOTTAYAM TO THE 1ST REVIEW
PETITIONER SOCIETY
Annexure A 5 TRUE COPY OF THE AUDITED BALANCE SHEET
OF THE 1ST REVIEW PETITIONER SOCIETY
FOR THE FINANCIAL YEAR ENDING ON
31.03.2024
Annexure A 6 TRUE COPY OF THE TENTATIVE BALANCE
SHEET OF THE 1ST REVIEW PETITIONER
SOCIETY FOR THE PERIOD 01.04.2024 TILL
30.09.2024
Annexure A 7 TRUE COPY OF THE AGREEMENT DATED
05.07.2024 EXECUTED BY THE SECRETARY-
IN-CHARGE WITH THE PRESIDENT OF THE
VADAYAR KARSHIKA SERVICE CO-OPERATIVE
BANK LTD NO.3077
