IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WA.No. 2049 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15174/2006 Dated 23/05/2009 .................... APPELLANT(S): PETITIONER IN WPC 15174/06 ---------------------------------------- THE PRESIDENT, CHERUKADAPPURAM SERVICE CO-OPERATIVE SOCIETY LTD.NO.2959, CHERUKADAPPURAM, NORTH KUTHIYATHODU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. P.V.SUMATHI, W/O.VASUDEVAN, PLAKKAPARAMBIL HOUSE, KOZHITHURUTHU, ELANTHIKKARA P.O., ERNAKULAM DISTRICT. (RETIRED SECRETARY, CHERUKADAPPURAM SERVICE CO-OPERATIVE SOCIETY LTD.NO.2959). 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), NORTH PARAVUR, ERNAKULAM DISTRICT. ADV. SRI.B.RAMACHANDRAN FOR R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/03/2011, ALONG WITH WA NOs. 2050 OF 2009 & 223 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A. Nos.2049 & 2050 of 2009 & 223 of 2011 --------------------------------- Dated, this the 7th day of March, 2011 J U D G M E N T Ramachandran Nair, J. Connected Writ Appeals arise from the common judgment of the learned Single Judge. While the appellant Society challenges the judgment in toto, retired Secretary of the Society in whose favour the judgment is rendered challenges the judgment only to the extent of denial of interest. 2. Even though the Secretary of the Society retired after 32 years of service without any complaint whatsoever, after her retirement an allegation of loss caused to the Society was raised and retirement benefit is declined to her for the last 11 years. Protracted litigations through different Forums and Courts have taken up the matter before us in these three Writ Appeals. During hearing, we felt that the Society has no justification to withhold retirement benefit to the retired Secretary or to deny the same to her. WA Nos.2049, 2050/2009 & 223/2011 -2- 3. However, at this stage, learned counsel appearing for the Society requested us to consider the financial position of the Society and to consider it in regard to the claim of interest made by the retired Secretary. At our request, learned counsel for the Society offered to pay interest for a maximum period of 3 years which we feel is reasonable. However, even though the learned counsel requested us to fix the rate of interest @ 6%, at our persuasion he agreed to increase the interest @ 9% for 3 years. In these circumstances, recording the above undertaking, we dispose of these Writ Appeals directing the Society to clear the balance arrears with 9% interest for 3 years, within a period of one month from the date of receipt of copy of this judgment. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg