IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 18055 of 2007(Y) ----------------------------------------- PETITIONER: -------------------- R.SARASWATHI AMMA, 'SARASWATHI BHAVAN', MAVINMOODU, NEAR FCI GODOWN, KOONAYIL, PARAVUR, KOLLAM. (RTD. JR. CLERK, PARAVUR URBAN CO-OP. BANK LTD. NO.1649). BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENTS: -------------------------- 1. THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR, CO-OP. SOCIETIES, KOLLAM. 3. KERALA STATE CO-OP. PENSION BOARD, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 4. THE PARAVUR URBAN CO-OP.BANK LTD. NO.1649, PARAVUR, KOLLAM. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD – R1 &R2 ADV. SRI.P.V.MOHANAN FOR R3 SRI.B.SURESH KUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18055/2007 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE REPRESENTATION DTD. 31/03/98 FILED BEFORE THE 4TH RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION DTD. 19/06/2000 FILED BEFORE THE 4TH RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION DTD. 1/02/2004. EXT.P4: COPY OF THE PETITION DTD. 3/06/2005 FILED BEFORE THE JOINT REGISTRAR. EXT.P5: COPY OF THE ORDER DTD. 29/06/96. EXT.P6: COPY OF THE ORDER NO.GO.(RT) NO.265/2007/CO-OP. DTD. 7/04/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------------------------ W.P.(C) NO. 18055 OF 2007 (Y) ------------------------------------------------------------------------ Dated this the 26th day of September, 2008 J U D G M E N T The petitioner challenges Exhibit P6 order passed by the Government setting aside Exhibit P5 decision of the Joint Registrar by which the petitioner, who retired from the service of the fourth respondent on 31-12-2001, was given the benefit of G.O.(MS) 7/96/Co-op. dated 25-1-1996 and Circular No.15/97 dated 30-4-1997 issued by the Registrar of Co-operative Societies. 2. Exhibit P5 decision was rendered by the Joint Registrar on the directions of this Court. Having regard to the contents of the G.O. and the circular referred to above, the impugned Exhibit P6 order is essentially one which cannot stand. Exhibit P5 would bring certain reliefs, including by way of pension and arrears of salary, to the petitioner who had never been promoted while in service. W.P.(C) No.18055/2007 - 2 - For the foregoing reasons, the impugned Exhibit P6 is quashed and it is directed that the benefit of Exhibit P5 will be duly given and all consequences of that shall follow, however, that any monetary benefit due to petitioner from the fourth respondent / employer will be paid in three equal bi-monthly instalments. The necessary papers including the pension contribution papers for finalising the pension that may be due to the petitioner will be forwarded to the third respondent Pension Board, which will decide on it appropriately. This writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/29/9 // True copy // P.A. to Judge.