IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 36554 of 2007(B) -------------------------- PETITIONER: ------------ K.R.JAGADAMMA, W/O. KARUNAKARAN, AGED 58 YEARS, BRANCH MANAGER (RETD.), KOTTAYAM DISTRICT CO-OPERATIVE BANK, ERATTUPETTA BRANCH, KOTTAYAM, RESIDING AT PURAKATTUVEEDU, CHOONDACHERY P.O., KOTTAYAM. BY ADV. SMT.REKHA VASUDEVAN SRI.P.A.KUMARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. 4. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LIMITED, REPRESENTED BY ITS GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK BUILDINGS, P.B.NO.140, KOTTAYAM-686 001. BY ADV. SRI.T.R.HARIKUMAR,SC,KTM DIST CO.BANK R1 to R3 BY ADV. SMT. ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ----------------------------------------------- W.P.(C) No. 36554 OF 2007 ----------------------------------------------- Dated this the 7th day of April, 2008 JUDGMENT The petitioner retired from the service of the 4th respondent on superannuation. When she raked up the complaint of delay in releasing the retiral benefits, the 4th respondent took the stand that certain proceedings have been initiated against the petitioner. But, admittedly, the enquiry is after the retirement and no such proceedings can result in depriving the petitioner of her retiral benefits, particularly, when it is not a pensionable service. If the bank has any claim against the petitioner, that has to be worked out before an arbitration court. Without prejudice to such claim and also without prejudice to the contentions of either party, this writ petition is disposed of directing that the entire retiral benefits due to the petitioner shall be released within a period of 45 days from today. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC No. 6246 OF 2008 2 WPC No. 6246 OF 2008 3 WPC No. 6246 OF 2008 4