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. 23431 of 2008(M) -------------------------------------- PETITIONER: -------------------- K.SREEDHARAN, SENIOR SUPERVISOR (RETIRED), TALIPARAMBA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.C 1007, RESIDING AT 'GOVINDAM', P.O.MAMBA, CHAKKARAKKAL, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), KANNUR. 3. TALIPARAMBA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.C 1007 REPRESENTED BY THE SECRETARY, TALIPARAMBA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.C 1007 HEAD OFFICE, PAYYANNUR, KANNUR DIST. 4. THE SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, KALA NIVAS, T.C.NO.27/156-157, NEAR AYURVEDA COLLEGE, P.B.NO.85, THIRUVANANTHAPURAM. 5. KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.I.V.PRAMOD FOR R1 & R2 ADV.SRI.M.SASINDRAN FOR R3 ADV.SRI.P.V.MOHANAN FOR R4 ADV. SRI.GEORGE POONTHOTTAM,SC,KSCOARD BANK L FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.23431/2008 - 2 - APPENDIX PETITIONER'S EXHIBITS:- Ext.P1 TRUE COPY OF THE ORDER DATED 3-7-2008 ISSUED BY THE PRESIDENT ON BEHALF OF THE BANK. Ext.P2 TRUE COPY OF THE UNDATED REPLY SUBMITTED IN JULY 2007 BY THE PETITIONER Ext.P3 TRUE COPY OF THE LETTER DATED 15-9-2007 TOGETHER WITH CHARGES Ext.P4 TRUE COPY OF THE UNDATED REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE JOINT REGISTRAR IN THE YEAR 2007 Ext.P5 TRUE COPY OF THE REQUEST DATED 16-10-2007 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY IN CHARGE OF THE BANK. RESPONDENTS' EXHIBITS:- NIL // TRUE COPY // P.A. TO JUDGE THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------------------------ W.P.(C) NO. 23431 OF 2008 (M) ------------------------------------------------------------------------ Dated this the 26th day of September, 2008 J U D G M E N T The petitioner retired from the service of the third respondent on 30-6-2008. He states that he was not paid salary from April 2007 and that his retiral benefits have not been finalised. The learned counsel for the third respondent states that there are certain liabilities due from the petitioner to the third respondent and that is quantified and still further, there is no refusal to pay the salary. 2. Having regard to the aforesaid submission, the third respondent is directed to finalise the accounts and issue a certificate to the petitioner regarding any amount that is either due to him or due from him to the third respondent. This will be done within a period of one month from now, since the petitioner is entitled to agitate the issue before the Arbitration Court, if aggrieved. If amounts are found due to the petitioner, that will be released immediately following that certificate. Necessary W.P.(C) No.23431/2008 2 papers shall also be forwarded to the fourth respondent for finalising the amount of pension, if any, due to the petitioner. All other issues are left open. By the force of this judgment, any other proceedings initiated by the third respondent against the petitioner for any reliefs either before the Government or otherwise will stand struck off, however, without prejudice to the arbitration proceedings, as noticed above. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/27/9 // True copy // P.A. to Judge.