Allowed

P.Rajagopala Marar v. Secretary to Govt, Co.Op.Dept.

Kerala HC23 Oct 2008WP(C)/26948/2006

Case brief

AI extract

What is this about?

The Court allowed the writ petition, holding that unless specific statutory grounds exist to defer an order's effect, a resolution granting benefit to an employee must take effect from the date of the resolution itself.

What did the court decide?

Ext.P3 quashed to the extent it delayed the effective date; the resolution of November 30, 2005 declared effective from that date.

P.Rajagopala Marar Vs Secretary to Govt, Co.Op.Dept. — Cooperative Societies | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 26948 of 2006(G) --------------------------

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PETITIONER(S): ---------------

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P. RAJAGOPALA MARAR, FORMER SECRETARY, PERAMBRA REGIONAL CO-OPERATIVE BANK, PERAMBRA RESIDING AT CHANDINI, MANJANAMSAM, PERAMBRA, KOZHIKODE DISTRICT.

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BY ADV. SRI.P.C.SASIDHARAN SRI.E.S.ASHRAF

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RESPONDENT(S):

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THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.

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PERAMBRA REGIONAL CO-OPERATIVE BANK LIMITED NO.1752, REPRESENTED BY ITS SECRETARY, H.O. PERAMBRA, KOZHIKODE-673 525.

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R1, R2 BY GOVT. PLEDER SRI.I.V.PRAMOD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN WPC.26948/06

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PETITIONER'S EXHIBITS :

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EXT.P1: TRUE COPY OF THE PROCEEDINGS DATED 5.1.2000 ISSUED BY THE 2ND RESPONDENT.

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EXT.P2: TRUE COPY OF THE RESOLUTION OF the MANAGING COMMITTEE DATED 30.11.2005.

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EXT.P3: TRUE LCOPY OF THE PROCEEDINGS DATED 15.3.2006 OF THE 2ND RESPONDENT.

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EXT.P4: TRUE COPY OF THE REPRESENTAITON OF THE PETITIONER DATED 4.5.2006.

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EXT.P5: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 21.7.2006.

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/TRUE COPY/

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THOTTATHIL B.RADHAKRISHNAN, J.

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W.P(C).No.26948 OF 2006

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Dated this the 21^st day of October, 2008

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JUDGMENT

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Taking into consideration Resolution No.7 dated 30.11.2005 of the committee of the third respondent, the Joint Registrar issued letter at Ref.No.2 in Ext.P3. The Registrar, in turn, considered the matter and granted approval for the relaxation of educational qualification of graduation granted by the Board as per resolution dated 30.11.2005. However, without stating any specific reasons, it was directed that the said Ext.P3 order will come into force only from the date of that order, i.e. 15.3.2006. In the mean while, the petitioner has diligently discharged his duties and responsibilities and demitted office on superannuation on 28.2.2006. At that point of time, the power to decide the question of exemption was left to the committee. That power was exercised on 30.11.2005. Except in cases of exceptional nature, where the approving officer has any particular statutory ground to defer the date of effect of the resolution, the benefit of the resolution of the committee should

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WPC.26948/06

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Page numbers

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come to the employee with effect from the date of the resolution. As already noticed, Ext.P3 does not contain any reason for making it effective only from 15.3.2006. So much so, the petitioner is entitled to the benefit of Ext.P3 from 30.11.2005, the date of the resolution in his favour.

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In the result, this writ petition is allowed, quashing Ext.P3 to the extent it states that the approval granted thereby to resolution No.7 dated 30.11.2005 of the committee of the third respondent will take effect only from the date of Ext.P3. That resolution shall take effect and the benefit of Ext.P3 approval shall run from 30.11.2005. It is so declared and ordered. The third respondent will ensure that all benefits are released and necessary further action taken on the basis of the declaration contained herein. No costs.

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Sd/-

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THOTTATHIL B.RADHAKRISHNAN, Judge.

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kkb.

P.Rajagopala Marar v. Secretary to Govt, Co.Op.Dept.

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P.Rajagopala Marar v. Secretary to Govt, Co.Op.Dept.

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