IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35804 of 2008(K) -------------------------------------- PETITIONER(S): -------------------- 1. S.SUSEELA DEVI, 'SARADALAYAM', 'MIDHILA', NANGIARKULANGARA.P.O, ALAPPUZHA DISTRICT. 2. P.N.KUMARASWAMY ACHARY, 'SARAYU', THITTEMEL, CHENGANNUR. 3. P.S.GOPALAN NAIR, 'ARUN NIVAS', KEEZHCHERIMEL, CHENGANNUR. 4. SASIBHUSHAN BHATTATHIRI.S, 'MANJU VIHAR', KEEZHCHERIMEL, CHENGANNUR. 5. M.B.JAYARAM, 'AYODHYA', CHERINADU.P.O, CHENGANNUR. 6. P.V.RADHAMONY, 'CHITHIRA', KARAKKAD.PO, CHENGANNUR. 7. RAJAN.S, ARJUNA BUILDINGS, WEST FORT, MAVELIKKARA. BY ADV. SRI.GEORGE JACOB (JOSE) SRI.MEREENA JOSEPH JOSEPH RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, CO-OPERATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD, NO.4203, HEAD OFFICE, ALAPPUZHA REPRESENTED BY IT'S GENERAL MANAGER. 3. THE PRESIDENT, ALAPPUZHA DISTRICT- CO-OPERATIVE BANK LIMITED NO.4203, HEAD OFFICE, ALAPPUZHA. STANDING COUNSEL SRI.P.K.VIJAYAMOHANAN FOR R2 & R3 GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.35804 OF 2008 (K) ------------------------------------------------------ Dated this the 4th day of December, 2008 J U D G M E N T Petitioners retired from the service of the second respondent after 30-6-2003. One among them retired before the date of Exhibit P1 order and others after the date of that order. The controversy between the parties is as to whether any monetary benefits are due to any among the petitioners on the strength of Exhibit P1 order. It appears that this is a matter, which has to be given attention of the first respondent. Accordingly, preserving the rights of the petitioners and respondents 2 and 3, this writ petition is ordered directing that if the petitioners file a representation before the first respondent touching the aforesaid controversy, the first respondent will advert to and consider through the competent officer, the question as to the applicability of Exhibit P1 to the petitioners also, within a period of three months on such representation. To W.P.(C) No.35804/2008 - 2 - expedite the matters, the petitioners and respondents 2 and 3 are hereby directed to make their appearance or authorise representation in the office of the Principal Secretary, Department of Co-operation, Government Secretariat, Thiruvananthapuram on 23rd December, 2008 so that the petitioners can submit the representation and first respondent can fix the date of hearing appropriately. All other questions are left open. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/9/12