Retired employee sought directions for payment of unremitted pension, DCRG, and deposited amounts via writ petition. Court fixed timelines for representation and disposal rather than granting immediate relief.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 5TH DAY OF MARCH 2013/14TH PHALGUNA 1934
WP(C).No. 8836 of 2010 (D)
PETITIONER(S):-
THRESIAMMA JOSEPH
D/O.JOSEPH, THOTTUNGAL HOUSE, KARINKUNNAM P.O. THODUPUZHA, IDUKKI-685 586.
BY ADVS.SMT.I.SHEELA DEVI SRI.G.ANIL (VARIATH)
RESPONDENT(S):-
1. THE THODUPUZHA BLOCK VANITHA SOCIETY LTD LTD.NO.1/163, KARINKUNNAM P.O., THODUPUZHA IDUKKI DISTRICT, REP.BY ITS, PRESIDENT/SECRETARY.
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) COLLECTORATE, PAINAVU IDUKKI DISTRICT.
3. THE ASST.REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, THODUPUZHA.
4. THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, P.B.NO.85, KALA NIVAS T.C.NO.27/156, 157, CHINMAYA LANE KUNNUPURAM, NEAR AYURVEDA COLLEGE, TRIVANDRUM-1 REP.BY ITS SECRETARY.
5. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO CO-OPERATION, SECRETARIAT TRIVANDRUM.
R,R1 BY ADV. SRI.JOICE GEORGE R,R5 BY ADV. GOVERNMENT PLEADER SMT.LILLY K.T.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8836 of 2010 (D)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1: | COPY OF THE PENSION FUND ARREARS NOTICE. |
|---|---|
| EXT.P2: | COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT RESPONDENT DTD.14.2.2009. |
| EXT.P3: | COPY OF THE DIRECTION ISSUED BY THE 2ND RESPONDENT TO 3RD RESPONDENT DATED 21.10.2009. |
| EXT.P4: | COPY OF THE 3RD RESPONDENT'S LETTER TO THE IST RESPONDENT DATED 9.3.2009. |
| EXT.P5: | COPY OF THE RECEIPT FOR RS.22,500/-. |
| EXT.P6: | COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 8.12.2009. |
RESPONDENTS' EXHIBITS:- NIL.
( TRUE COPY )
PA TO JUDGE
Kvs/-
A.M. SHAFFIQUE, J
W.P.(C). NO. 8836 OF 2010
Dated this the 05th day of March, 2013
JUDGMENT
The petitioner was an employee of the 1st respondent society and had taken voluntary retirement. The complaint of the petitioner is that the Pension, DCRG as well as the amount the petitioner had deposited with the 1st respondent Society is not paid despite various representations. Ext. P6 is the representation given to the Joint Registrar since the society is under the administration of the Administrator appointed by the Joint Registrar. Despite having received Ext. P6 on 08.12.2009, none of these amounts have been paid.
W.P. (C) NO.8836 OF 2010
2
representation the Joint Registrar shall consider the same and
dispose of the representation within another one month.
With these observations this writ petition is disposed of.
Sd/- A.M. SHAFFIQUE JUDGE
DCS
2 issues framed by the court
Whether the respondent societies and authorities must immediately pay the unremitted pension, DCRG, and deposited amount to the retired employee.
Whether the petition discloses a case for judicial intervention to direct the payment of outstanding dues.
1 provisions across 1 enactments
Thresiamma Joseph
The Thodupuzha Block Vanitha Society Ltd
The Joint Registrar of Co-operative Societies
The Asst. Registrar Co-operative Societies
The Kerala State Co-operative Employees Pension Board
The State of Kerala
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
