IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 36130 of 2009(I) ------------------------------------- PETITIONER(S): --------------------- 1. V.RAVINDRAN PILLAI, RETIRED ASSISTANT GENERAL MANAGER, CO-OPERATIVE URBAN BANK LTD., KOTTARAKARA, PEROOR VEEDU, PALLICKAL MURI, MYLOM VILLAGE, KOTTARAKARA TALUK. 2. SUSY.A.J., RETIRED BRANCH MANAGER, CO-OPERATIVE URBAN BANK LTD., KOTTARAKARA, CHITTATHETHU ARANMULA PUTHENVEEDU, KIZHAKKEKARA MURI, KOTTARAKARA VILLAGE, KOTTARAKARA TALUK. BY ADV. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTORATE, KOLLAM. 3. THE BOARD OF DIRECTORS, CO-OPERATIVE URBAN BANK LTD., KOTTARAKARA, REPRESENTED BY ITS PRESIDENT, KOTTARAKARA.P.O, KOLLAM DISTRICT. Contd.............2/- -:2:- WPC NO. 36130/2009 4. THE CO-OPERATIVE URBAN BANK LTD., KOTTARAKARA, REPRESENTED BY ITS SECRETARY, KOTTARAKARA.P.O, KOLLAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN R3 & R4 BY ADVS. SRI.M.K.CHANDRA MOHANDAS SRI.MURALI MADANTHACODU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 36130/2009 ANNEXURE PETITIONER'S EXHIBITS P1 TRUE COPY OF THE RESOLUTION NO. 154/01 DATED 12/10/01 OF THE DIRECTOR BOARD AND RESOLUTION NO. 9/01 DATED 27/10/01 OF THE GENERAL BODY ALONG WITH COVERING LETTER OF THE 4TH RESPONDENT TO 2ND RESPONDENT P2 TRUE COPY OF THE LETTER ISSUED BY 4TH RESPONDENT TO 2ND RESPONDENT P3 TRUE COPY OF THE NOTICE DATED 28/07/04 ISSUED BY THE 4H RESPONDENT TO THE 1ST PETITIONER P3(a) TRUE COP OF THE NOTICE DATED 28/07/04 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER P4 TRUE COPY OF THE JUDGMENT IN OP NO. 11388/92 DATED 28/06/00 OF THIS HON'BLE COURT P5 TRUE COPY OF THE JUDGMENT IN OP NO. 33657/04 DATED 28/01/05 OF THIS HON'BLE COURT P6 TRUE COPY OF THE ORDER NO. CRB.6514/04/K.Dis DATED 2/3/2005 ISSUED BY THE 2ND RESPONDENT P7 TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT P7(a) TRUE COPY OF THE REPRESENTATION FIELD BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE SD P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 36130 OF 2009 -------------------------- Dated this the 8th day of December, 2011 J U D G M E N T The petitioners are former employees of the fourth respondent society. They retired from service on 31.6.2008 and 31.12.2005 respectively. Though the retirement benefits have been paid, they are aggrieved by the non payment of the sum of Rs.1,08,163/- and Rs.80,162/- respectively by way of ex-gratia, bonus, incentive, leave surrender value etc. It appears the said amounts have not been paid to them in view of certain audit objections, evidenced by Exts.P3 and P3(a). Relying on Ext.P4 judgment of this Court and Ext.P6 order passed by the Joint Registrar of Co-operative Societies (General) Kollam, it is contended that the petitioners, who are similarly placed, are entitled to have the said amounts disbursed. It is stated that seeking similar benefits, the petitioners have filed Exts.P7 and P7(a) representations before the second respondent. In this writ petition, the petitioners seek a direction to the second respondent to consider Exts.P7 and P7(a) representations having regard to Ext.P4 judgment of this Court and Ext.P6 order passed by the Joint Registrar of Co- operative Societies (General), Kollam and pass orders thereon within a time limit to be fixed by this Court. WPC No.36130/2009 2 2. When the writ petition came up for hearing today, Smt.Anitha Raveendran, the learned Government Pleader appearing for respondents 1 and 2 submitted that the Joint Registrar of Co- operative Societies (General), Kollam will examine Ext.P7 and P7(a) representations and take an appropriate decision thereon expeditiously. In the light of the said submission and having regard to the fact that several years have passed after the petitioners retired from service and after Exts.P7 and P7(a) representations were filed, I dispose of the writ petition with a direction to the second respondent to examine Exts.P7 and P7(a) representations filed by the petitioners in the light of Ext.P4 judgment of this Court and Ext.P6 order passed by the Joint Registrar of Co-operative Societies (General), Kollam and take an appropriate decision thereon expeditiously and in any event within one month from the date on which either of the petitioners produce a certified copy of this judgment along with a copy of this writ petition, complete in all aspects, before him. Needless to say, the second respondent shall afford the petitioners an opportunity of being heard in person and shall after orders are passed communicate copies thereof to the petitioners. P.N.RAVINDRAN, (JUDGE) vps WPC No.36130/2009 3