IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 27500 of 2007(W) -------------------------- PETITIONER: ------------- V. GOPALAKRISHNAN NAIR, AGED 67 YEARS, S/O. PARAMESWARAN PILLAI, BHANUMATHI MANDHIRUM, VADAKKAL, ALAPPUZHA-3. BY ADV. SRI.R.RENJITH RESPONDENTS: ---------------- 1. THE ALAPPUZHA DISTRICT PRINTING CO-OPERATIVE SOCIETY LTD.NO.A-191, ALAPPUZHA, REPRESENTED BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALAPPUZHA. 3. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA. ADDL. 4. THE KERALA CO-OPERATIVE SOCIETIES, SELF FINANCING PENSION BOARD, REPRESENTED BY ITS SECRETARY. (IMPLEADED VIDE ORDER IN IA NO.16162/07 DT.7.12.07) R1 BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV R2 & R3 BY GOVT. PLEADER, SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 27500 OF 2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER DT.12.12.99 PASSED BY THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT IN GC NO.34 OF 1999. EXT.P2 : TRUE COPY OF REPRESENTATION DT.27.10.03 SUBMITTED BY THE PEITTIONER BEFORE THE 3RD RESPONDENT. EXT.P3 : TRUE COPY OF THE LETTER DT.07.11.04 ISSUED TO THE PETITIONER BY THE OFFICE OF THE 3RD RESPONDENT. EXT.P4 : TRUE COPY OF THE REPRESENTATION DT.30.09.05, SUBMITTED BY THE PETITIONER THROUGH THE PUBLIC GRIEVANCE REDRESSEL CELL, CHIEF MINISTER OF KERALA. EXT.P5 : TRUE COPY OF THE ORDER DT.21.12.06 PASSED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(A) : TRUE COPY OF RECEIPT DT.11.10.07 ISSUED BY THE ALAPPUZHA VILLAGE OFFICE. EXT.R1(B) : TRUE COPY OF RESOLUTION DT.13.11.07 OF THE DIRECTOR BOARD OF 1ST RESPONDENT. /TRUE COPY/ PA TO JUDGE THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 27500 OF 2007 ----------------------------------- Dated this the 18th day of February, 2008 JUDGMENT Pleadings perused. There is no way for the 1st respondent to further drag on the release of the retiral benefits. A portion has already been paid during the pendency of the writ petition. Having regard to the contentions of the counter affidavit of the 1st respondent and age of the petitioner, it is directed that the remaining portion of the retiral benefits shall also be released within a period of three weeks of production of a copy of this judgment. The application of the petitioner for pension shall be taken by the Pension Board and appropriate decision taken at the earliest. The Writ Petition is disposed of as above. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb RC No. 8 OF 1999 2 RC No. 8 OF 1999 3