Kerala High Court
Chacko C.C. Aged 75 Years vs Ambalavayal Service Co-Operative Bank ... on 22 November, 2013
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 22ND DAY OF NOVEMBER 2013/1ST AGRAHAYANA, 1935
WP(C).No. 22010 of 2012 (A)
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PETITIONER:
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CHACKO C.C. AGED 75 YEARS
SANTHALAYAM, AMBALAVAYAL P.O., WAYANAD
BY ADV. SRI.P.RAMAKRISHNAN
RESPONDENTS:
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1. AMBALAVAYAL SERVICE CO-OPERATIVE BANK LIMITED NO.7604
AMBALAVAYAL, WAYANAD-673593, REP.BY ITS SECRETARY
2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
KALPETTA, WAYANAD - 673121
3. STATE OF KERALA
REP.BY SECRETARY, DEPARTMENT
R1 BY ADV. SRI.P.C.SASIDHARAN
BY SR.GOVERNMENT PLEADER SRI.K.C.VINCENT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX TO W.P.C.NO.22010 OF 2012
PETITIONER'S EXHIBITS
EXT.P1:- TRUE COPY OF JUDGMENT DTD 2/6/2011 ION WA NO 2152/2008
EXT.P2:- TRUE COPY OF REPRESENTATION DTD 11/7/2011 SUBMITTED BY
THE PETITIONER.
EXT.P3:- TRUE COPY OF LETTER DTD 17/11/2011 FROM THE 2ND
RESPONDENTS TO THE IST RESPONDENTS
EXT.P4:- TRUE COPY OF LETTER DTD 30/7/2011 FROM THE IST RESPONDENT
TO THE PETITIONER.
EXT.P5:- TRUE COPY OF REPRESENTATION DTD 29/2/2012 SUBMITTED BY
THE PETITIONER BEFORE the 2ND RESPONDENT
EXT.P6:- TRUE COPY OF LETTER DTD 8/6/2012 FROM THE REGISTRAR OF
CO-OPERATIVE SOCIETIES TO THE PETITIONER.
RESPONDENT'S EXHIBITS
NIL
//TRUE COPY// PA TO JUDGE
A.M.SHAFFIQUE, J
* * * * * * * * * * * * *
W.P.C.No.22010 of 2012
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Dated this the 22nd day of November 2013
J U D G M E N T
This writ petition is filed by a pensioner of the Society inter alia seeking for a direction to the 2nd respondent to dispose of Ext.P5. Petitioner retired from service on 31/08/1995. In respect of the petitioner's claim for gratuity, Ext.P3 order had been passed by the Joint Registrar directing the bank to compute gratuity on the basis of qualifying service from 14/07/1978 to 21/03/1989 at the scale of pay during the relevant time. The complaint of the petitioner was that despite Ext.P3, the bank passed a resolution rejecting the benefits given under Ext.P3. Hence the petitioner submitted another representation as Ext.P5.
2. The learned Government Pleader, on instructions, would submit that the Joint Registrar has issued a direction to the bank to pay the petitioner interest @ 12% per annum from 08/07/2002 till the date of payment and a W.P.C.No.22010/12 2 communication to that effect has been issued on 27/10/2013.
3. Under these circumstances, I do not think that this writ petition is required to be decided on merits. However, the 2nd respondent is directed to send a copy of the order dated 27/10/2003 to the petitioner within a period of one month from the date of receipt of a copy of this judgment.
Writ petition is disposed of as above.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr