IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 6035 of 2008(R) ------------------------------------- PETITIONER: ------------------- T.P.RADHAMANI, EXECUTIVE OFFICER (RETD) DISTRICT CO-OPERATIVE BANK, KOTTAYAM, RESIDING AT EZHAVAR VAYALIL, CHENTHIMATTOM, PALAI P.O., KOTTAYAM. BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND RESPONDENTS: ----------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM. 2. THE DISTRICT CO-OPERATIVE BANK, KOTTAYAM, REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.T.R.HARIKUMAR,SC,KTM DIST CO.BANK L R1 & R2 BY GOVERNMENT PLEADER P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6035/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE INTERIM ORDER DT. 13.4.07 IN WPC. 10971/07. EXT.P2:- COPY OF THE LETTER DT. 13.10.06 ISSUED BY 2ND RESPONDENT TO PETITIONER. EXT.P3:- COPY OF THE LETTER DT. 30.10.06 FROM THE PETITIONER TO 2ND RESPONDENT. EXT.P4- COPY OF THE PETITION DT. 5.3.07 SUBMITTED BY PETTIONER BEFORE IST RESPONDENT. EXT.P5:- COPY OF THE LETTER DT. 5.5.07 BY 2ND RESPONDENT TO PETITIONER. EXT.P6:- COPY OF THE PLAINT IN ARC 8/07 PENDING BEFORE THE IST RESPONDENT . EXT.P7:- COPY OF THE ORDER DT. 11.12.07 BY IST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.6035 OF 2008 ------------------------------------------- Dated this the 7th day of April, 2008 JUDGMENT Petitioner retired from the service of the second respondent. There is no provision to effect any recovery from the D.C.R.G. or other amounts due to her, merely on account of certain allegations which have not fructified into any concluded proceedings that could enable recovery. Under such circumstances, this writ petition is allowed directing that all retiral benefits legally admissible to the petitioner on account of her service shall be released within a period of 45 days, however, without prejudice to the right of the employer to initiate appropriate action in accordance with law, for recovery, if any. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.