IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 30270 of 2008(C) -------------------------------------- PETITIONER: ------------------- B.BHAMA KUMAR, W/O.LATE K.N.RAJENDRAN, AGED 56 YEARS, SREE RAGAM, PULIYOOR VANCHI NORTH, THAZHAVA P.O.KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. MR.PRATHEESH.P. RESPONDENTS: ------------------------ 1. DIRECTOR, DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 2. THE GENERAL MANAGER, DISTRICT MINI INDUSTRIAL ESTATE, DISTRICT INDUSTRIES CENTRE, KOLLAM. * 3. SMT.SARASWATHY, DEPUTY REGISTRAR, QUILON DISTRICT MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LTD S IND(Q)327, DISTRICT INDUSTRIES CENTRE, KOLLAM. * THE NAME “SMT. SARASWATHY” OCCURING IN THE DESCRIPTION OF THE THIRD RESPONDENT IN THE CAUSE TITLE IS DELETED VIDE ORDER DT. 17/10/08 IN I.A. NO. 13122/08. R1 & R2 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30270/2008-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION DTD. 30/04/2008 FILED BY THE PETITIONER BEFORE THE R.1. EXT.P.2: COPY OF THE REPLY GIVEN BY THE INFORMATION OFFICER DTD. 15/07/2008. EXT.P.3: COPY OF THE APPLICATION FILED BEFORE THE R.2. FOR THE PAYMENT OF THE GRATUITY. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No.30270 of 2008 --------------------------------------------------- Dated this the 18th day of February, 2009 JUDGMENT The petitioner retired from service on 31.12.2007 from the Quilon District Mini Industrial Estate Co-operative Society. The petitioner has approached this Court seeking for a direction to disburse DCRG, leave surrender and other retirement benefits. Since there was delay in the matter she approached the Public Information Office of the District Industries Centre and Ext.P2 a reply was given to the effect that even though she had retired from service on 31.12.2007 claiming the arrears of Dearness Allowance, terminal leave surrender benefits and gratuity, she had not submitted any application. 2. Accordingly, she filed Ext.P3 representation before the Society. The respondents have filed a counter affidavit. It is submitted that the managing committee alone is responsible in the matter. She is not a State Government employee. It is pointed out during arguments that the Society is now managed by an administrator appointed by the officer in the cadre of Deputy Registrar. True that the Society has to make the payments. The Society is definitely under the supervisory wpc:30270 of 2008 2 control of the department. There will be a direction to the third respondent to consider the claim of the petitioner for sanctioning and disbursing the retirement benefits as well as arrears of D.A., terminal leave surrender benefits, gratuity etc. The second respondent will see that the due benefits of the petitioner will be disbursed without further delay after completing all formalities. Appropriate action shall be taken within a period of two months from the date of receipt of a copy of this judgment. The petitioner will communicate a copy of this judgment to the second and third respondent. T.R.RAMACHANDRAN NAIR, JUDGE bps