Disposed

Kerala Co-Operative Employees Union v. State of Kerala

Kerala HC11 Feb 2013WP(C)/15071/2005

Case brief

AI extract

What is this about?

The court directed that the leave of the petitioner be sanctioned and encashments as per the decision in W.A. No. 119 of 2004 be made within three months. The writ petition was disposed of accordingly without addressing the substantive prayers in the body of the judgment.

What did the court decide?

Directing sanction of leave to the petitioner and encashment to be made within three months from the date of receipt of the judgment.

Kerala Co-Operative Employees Union Vs State… — Pension and Retirement Benefits | Kerala HC (2013)

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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 B.P.RAY

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MONDAY, THE 11TH DAY OF FEBRUARY 2013/22ND MAGHA 1934

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WP(C).No. 15071 of 2005 (T)

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PETITIONER:

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KERALA CO-OPERATIVE EMPLOYEES UNION, KARAMANA CO-OPERATIVE URBAN BANK UNIT REPRESENTED BY ITS SECRETARY, P.S. ANIL KUMAR KARAMANA CO-OPERATIVE URBAN BANK LTD. THIRUVANANTHAPURAM.

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P.S. ANIL KUMAR, SENIOR ACCOUNTANT, KARAMANA CO-OPERATIVE URBAN BANK LTD. THIRUMALA BRANCH, THIRUVANANTHAPURAM.

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K. VELAPPAN NAIR, PEON, (HIGHER GRADE) KARAMANA CO-OPERATIVE URBAN BANK LTD., KARAMANA THIRUVANANTHAPURAM.

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BY ADV. SRI.GOPAKUMAR R.THALIYAL

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RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION THIRUVANANTHAPURAM.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.

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KARAMANA CO-OPERATIVE URBAN BANK LIMITED, REPRESENTED BY ITS GENERAL MANAGER THIRUVANANTHAPURAM.

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R3 BY ADV. SRI.P.RAMACHANDRAN NAIR R3 BY ADV. SRI.R.T.PRADEEP R3 BY ADV. SRI.V.VIJULAL

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SMT. P MAYA, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 15071 of 2005 (T)

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: 2 :

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF THE CIRCULAR NO.10/2002 DATED 30.03.2002 ISSUED BY THE 2ND RESPONDENT.

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EXT.P2 : TRUE COPY OF THE GOVERNMENT ORDER NO.GO.(P) 56/2002/FIN DATED 16.01.2002.

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EXT.P3 : TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN C.M.P. NO. 17823/2002 IN O.P. NO.10002 OF 2002 DATED 11.04.2002.

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RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No.15071 of 2005

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- - - - - - - - - - - - - - - -

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Dated this the 7^th day of February, 2013.

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JUDGMENT

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Heard both sides.

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The petitioners have filed this writ petition with the

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following prayers:

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To issue a writ of certiorari or any other appropriate writ, direction or order quashing Ext.P1 as arbitrary, illegal unreasonable and unjust.

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To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to pay the petitioners all the benefits available to them under Rule 190(8) of the Kerala Co-Operative Societies Rules.

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To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to pay back the five days leave surrender salary (received in April, 2003) recovered from the petitioner's April, 2005 leave surrender salary and not to recover the remaining five days' leave surrender salary further.

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The issue involved in this case is covered by the judgment dated 11.07.2008 passed by a Division Bench of this Court in W.A. No. 119 of 2004 and connected cases, the relevant portion of which reads as follows:

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“Therefore, considering the withdrawal of austerity measures and considering the fact that the bank has also passed a resolution, we direct that during the interim order also petitioners are entitled to get the benefit and bank is directed to give the benefits. The writ appeal and original petitions are disposed of accordingly.”

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W.P.(C) No.15071/2005

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-:2:-

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Following the aforesaid decision, I direct that the leave of the petitioner shall be sanctioned and the encashment in terms of the aforesaid decision shall be made to the petitioners within three months from the date of receipt of a copy of this judgment.

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This writ petition is disposed of as above.

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sd/- B.P. RAY, JUDGE.

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W.P.(C) No.15071/2005 -:3:-

Kerala Co-Operative Employees Union v. State of Kerala

Case brief

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Kerala Co-Operative Employees Union v. State of Kerala

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