Kerala High Court
S.G.Appukuttan vs State Of Kerala on 13 March, 2013
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
WEDNESDAY, THE 13TH DAY OF MARCH 2013/22ND PHALGUNA 1934
WP(C).No. 5779 of 2013 (V)
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PETITIONER(S):
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S.G.APPUKUTTAN, AGED 57 YEARS
S/O. GANGADHARAN, SRAMBIKKAL HOUSE, CHERAI P.O.
VYPIN, ERNAKULAM DISTRICT-683 514.
BY ADVS.SRI.A.X.VARGHESE
SRI.A.V.JOJO
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT LTD., REPRESENTED BY ITS MANAGING DIRECTOR,
MATSYAFED, KAMALESWARAM, THIRUVANANTHAPURAM-695 009.
3. THE GENERAL MANAGER
KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD.
(MATSYAFED) KAMALESWARAM
THIRUVANANTHAPURAM-695 009.
4. THE DISTRICT MANAGER
MATSYAFED DISTRICT OFFICE, ERNAKULAM-682 011.
R2 TO R4 BY ADV. SRI.GEORGE POONTHOTTAM, SC,MATSYAFED
R1 BY GOVERNMENT PLEADER SMT.ROSE MICHAEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5779 of 2013 (V)
APPENDIX
PETITIONER'(S) EXHIBITS:
P1 : COPY OF THE ORDER DTD.31.10.2007.
P2 : COPY OF THE JUDGMENT DTD.15.7.2011 IN WPC NO.19257/2011 OF THIS
HON'BLE COURT.
P3 : COPY OF THE OFFICE ORDER DTD.24.11.2011.
P4 : COPY OF THE GO(MS)469/2011/FIN DTD.23.8.2012.
P5 : COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD. 20.10.2012.
P6 : COPY OF THE REPRESENTATION DTD.31.1.2013.
RESPONDENT'(S) EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
BKA
P.N.RAVINDRAN, J.
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W.P. (C) No.5779 of 2013
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Dated this the 13th day of March, 2013
JUDGMENT
The petitioner is a former employee of the Kerala State Co- operative Federation for Fisheries Development Ltd., otherwise known as the MATSYAFED. He retired from service on attaining the age of superannuation on 31.11.2012. While the petitioner was working as Farm Worker, he was relieved from service with effect from the forenoon of 31.10.2007 as per Ext.P1 order dated 31.10.2007 with a direction to report before the Assistant Manager (Marketing) to take over charge of Salesman, Vyasa Store, Murikkumpadam. He accordingly took charge as Salesman.
2. Long afterwards he submitted a representation dated 4.9.2010 before the District Manager of the MATSYAFED followed by another representation dated 7.1.2011 before the Managing Director of the MATSYAFED seeking repatriation to the category of Farm Worker. He thereafter filed W.P.(C) No.19257 of 2011 in this Court mainly seeking a direction to the Managing Director of the MATSYAFED to consider and pass orders on the representation filed by him seeking continuance in service as Farm Worker. By Ext.P2 judgment delivered on 15.7.2011, after hearing the learned counsel appearing for the W.P.(C) No.5779 of 2013 2 MATSYAFED as well, this Court directed the Managing Director of the MATSYAFED to consider the representation dated 7.1.2011 submitted by the petitioner (Ext.P3 in W.P.(C) No.19257 of 2011) and pass appropriate orders thereon having regard to the provisions contained in the Staff Regulations of the MATSYAFED. The Managing Director considered the petitioner's representation and issued Ext.P3 order dated 24.11.2011 transferring him to MATSYAFED, OBM Division, Kochi. It was thereafter that the petitioner retired from service on 31.11.2012.
3. Shortly before his retirement, the Government issued Ext.P4 order dated 23.8.2012 according sanction to revise the pay of the staff of MATSYAFED with effect from 1.7.2009. The Managing Director of the MATSYAFED thereafter issued Ext.P5 order dated 20.10.2012 according sanction to release the arrears of pay pursuant to Ext.P4 Government order dated 23.8.2012. After the petitioner retired from service he submitted Ext.P6 representation dated 31.1.2013 before the Managing Director of the MATSYAFED requesting him to disburse arrears of salary and allowances pursuant to the pay revision implemented with effect from 1.7.2009 and also to revise his gratuity. In this writ petition, the petitioner seeks an order directing the Managing Director to consider his request in Ext.P6 representation and to disburse arrears of salary with effect from 1.7.2009 and also W.P.(C) No.5779 of 2013 3 gratuity.
4. When the writ petition came up for hearing on 1.3.2013, the learned standing counsel for the MATSYAFED was directed to get instructions. When the writ petition came up for further hearing today, Sri.George Poonthottam, learned standing counsel for the MATSYAFED submitted on instructions that a physical stock verification of Vyasa Store, Murikkumpadam for the period ending with 31.3.2010 revealed that there was shortage of stock of the value of Rs.5,59,622/, that the petitioner was working as Salesman during that period, that an enquiry by the District Manager, MATSYAFED District Office, Ernakulam, revealed that the loss occurred during February 2000 to September 2008 and that the District Manager has suggested a higher level enquiry. The learned standing counsel also submitted that the petitioner will be exonerated of liability only after the issue regarding shortage of stock in Vyasa Store, Murikkumpadam is finalised. The learned standing counsel submitted that in such circumstances, as the enquiry regarding the liability of the petitioner for the shortage of stock in Vyasa Store, Murikkumpadam while he was holding charge of Salesman, is in progress, the request made by the petitioner in Ext.P6 cannot now be considered.
5. The petitioner has not any where in this writ petition stated that upon retirement from service terminal benefits were sanctioned to W.P.(C) No.5779 of 2013 4 him. He has not even averred that amount standing to his credit in his provident fund account was disbursed to him. Even in Ext.P6 representation there is no reference to payment of terminal benefits. On the other hand a reading of Ext.P6 representation would disclose that gratuity has also not been paid to him. In the light of the fact that an enquiry into the shortage of stock in Vyasa Store, Murikkumpadam during the period the petitioner was working as Salesman in Vyasa Store, Murikkumpadam, is in progress, I am of the opinion that the petitioner cannot now seek or be granted the relief prayed for by him.
I accordingly dispose of the writ petition with a direction to the Managing Director of the MATSYAFED to take steps to ensure that the enquiry referred to in Ext.P3 into the shortage of stock in Vyasa Store, Murikkumpadam is finalized expeditiously, and in any event within an outer limit of three months from the date on which the petitioner produces a certified copy of this judgment along with a copy of the writ petition complete in all aspects before him. The Managing Director shall thereafter take up Ext.P6 representation for consideration and dispose it of on the merits, within one month from the finalisation of the enquiry referred to in Ext.P3.
Sd/ P.N.RAVINDRAN, JUDGE.
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