IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 22509 of 2006(D) ---------------------------------------- PETITIONER(S): ------------------------ U.GOVINDAN, CHIEF ACCOUNT/ASSISTANT SECRETARY (RETIRED FROM SERVICE), KOOVERI SERVICE CO-OPERATIVE BANK LTD., KOOVERI P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.H.BADARUDDIN SMT.AYSHA RAHMAN RESPONDENT(S): --------------------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR, P.O.KANNUR. 2. THE KOOVERI SERVICE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY, KOOVERI P.O., TALIPARAMBA, KANNUR DISTRICT. 3. THE PRESIDENT, KOOVERI SERVICE CO-OPERATIVE BANK LTD., KOOVERI P.O., TALIPARAMBA, KANNUR DISTRICT. GOVERNMENT PLEADER FOR R1 ADV. SRI.V.G.ARUN FOR R2 & R3 SRI.T.R.HARIKUMAR FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22509/2006 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RESOLUTION NO.XIII DTD. 7/03/2002. EXT.P2: COPY OF THE RESOLUTION NO.8 DTD. 9/06/2005. EXT.P3: COPY OF THE PAY FIXATION FORM DTD. 31/05/06. EXT.P4: COPY OF THE APPLICATION DTD. 23/06/2005 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.22509 OF 2006 (D) ------------------------------------------------------ Dated this the 10th day of November, 2008 J U D G M E N T Petitioner retired from the service of the second respondent co-operative bank on 30-6-2005. This writ petition was originally filed seeking a direction to disburse the dues by way of retiral benefits, arrear of salary etc. Then it turned out that the petitioner could not claim any benefit against the post of Assistant Secretary, which was not available in the feeder category because he did not possess the qualification. Stricto senso, this Court cannot grant relief to that extent. But it is within the jurisdiction of the competent official respondent to consider Exhibit P4, in accordance with law and take a decision on the request thereon as made by the committee of the bank and any relief to the petitioner would depend upon such decision of the competent statutory authority. Hence, first respondent is directed to consider Exhibit P4 and take a decision thereon within a period of three months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of Exhibit P4 before the Joint Registrar to expedite such decision. This writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/11/11 // True copy // P.A. to Judge.