Disposed

Kelambeth Gangadharan v. the Tellicherry Taluk Co-Operative Marketing and Processing Society

Kerala HC7 Jul 2016WP(C)/10523/2016

Case brief

AI extract

What is this about?

A petition by a retired Managing Director of a cooperative society sought certification of a pay revision order by the Auditor. The Court directed the third respondent to certify the exhibit and forward it to the second respondent for a decision within two weeks of receipt.

What did the court decide?

Direction to the third respondent to certify Exhibit P5 and forward it to the second respondent within two weeks, and thereafter for the second respondent to take a decision within two weeks.

Kelambeth Gangadharan Vs the Tellicherry Taluk… — Cooperative Societies | Kerala HC (2016)

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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 SHAJI P.CHALY

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THURSDAY, THE 7TH DAY OF JULY 2016/16TH ASHADHA, 1938

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WP(C).No. 10523 of 2016 (M)

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PETITIONER(S):

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KELAMBETH GANGADHARAN

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S/O.MANNAN, KELAMBETH, KALLERIKKARA, P.O.MATTANNUR, KANNUR DISTRICT.

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BY ADVS.SRI.M.SASINDRAN SRI.V.VENUGOPAL

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RESPONDENT(S):

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1. THE TELLICHERRY TALUK CO-OPERATIVE MARKETING AND PROCESSING SOCIETY LTD. NO.L./L.235, MATTANNUR-670 702, KANNUR DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR

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2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOOTHUPARAMBA-670 643, KANNUR DISTRICT

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3. THE AUDITOR/CONCURRENT AUDITOR KOOTHUPARAMBA-670 643, KANNUR DISTRICT.

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R1 BY ADV. SMT.NAMITHA JYOTHISH R2 BY SENIOR GOVERNMENT PLEADER SRI.V.VIJULAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-07-2016,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10523 of 2016 (M)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT	P.1:	A TRUE COPY OF THE 16.12.2008 ISSUED B	COMMUNICATION DATED Y THE 2ND RESPONDENT
EXHIBIT	P.1(A):	A TRUE COPY OF THE EXHIBIT P.1	ENGLISH TRANSLATION OF
EXHIBIT	P.2 :	A TRUE COPY OF THE THE JOINT REGISTRAR (GENERAL), KANNUR	ORDER DATED 20.7.2009 OF OF CO-OPERATIVE SOCIETIES
EXHIBIT	P.2(A):	A TRUE COPY OF THE EXHIBIT P.2	ENGLISH TRANSLATION OF
EXHIBIT	P.3:	A TRUE COPY OF THE RESPONDENT TO THE 2 10.6.2013	REQUEST MADE BY THE 1ST ND RESPONDENT DATED
EXHIBIT	P.4:	A TRUE COPY OF THE RESPONDENT SOCIETY PETITIONER BY GIVIN OF 2004 AND 2009 WH BEFORE THE 3RD RESP	RESOLUTION OF THE 1ST FIXING THE SALARY OF THE G THE PAY REVISION ORDERS ICH HAS BEEN SUBMITTED ONDENT.
EXHIBIT	P.4(A):	A TRUE COPY OF THE EXHIBIT P.4	ENGLISH TRANSLATION OF
EXHIBIT	P.5:	A TRUE COPY OF THE PAY OF THE PETITION REVISION ORDER G.O( DATED 25.2.2011 SUB	STATEMENT OF FIXATION OF ER CONSEQUENT TO THE PAY P)NO.36/2011/CO-OP MITTED BEFORE THE R3
EXHIBIT	P.6:	A TRUE COPY OF THE THE PETITIONER DATE	REPRESENTATION SUBMITTED BY D 22.2.2016
RESPOND	ENT(S)'	EXHIBITS :	NIL.

//TRUE COPY//

P.A. TO JUDGE

SHAJI P. CHALY, J

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W.P.(C)NO.10523 OF 2016

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Dated this the 7^th day of July, 2016

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J U D G M E N T

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This writ petition is filed by the petitioner

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seeking direction to the third respondent to certify Exts.P4 and P5 fixation of pay of the petitioner and for other related reliefs.

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Brief facts for the disposal of the writ petition are thus:-

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Petitioner retired from the service of the first respondent society while working as Managing Director on 30.09.2013. Government of Kerala

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revised the salary to the employees of the cooperative society as per notification dated 01.04.2004. The Board of Directors of the first respondent society as per resolution dated 22.12.2005 decided to implement the pay revision order to the employees of the society and thereafter an application has been submitted before the second

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W.P.(C)NO.10523 OF 2016 2

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respondent on 17.01.2016 for approving the salary fixation of the Managing Director. The second respondent as per Ext.P1 communication dated 29.11.2008 informed the first respondent society that the fixation of salary of the Managing Director can be approved only after the classification of the petitioner society. According to the petitioner, classification was done as per Ext.P2 dated 20.07.2009 and the first respondent society has been classified in Class III with effect from 01.04.2009. According to the petitioner, therefore the pay revision in accordance with the salary of the society shall be provided to the petitioner. The contention of the petitioner is that though Ext.P5 has been submitted before the third respondent as early as on 20.06.2013, no action has been taken by the third respondent. This writ petition is therefore filed complaining that the delay in taking decision on Ext.P5 is causing innumerable difficulties and losses to the petitioner.

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Heard learned counsel for the petitioner and

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W.P.(C)NO.10523 OF 2016

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learned Government Pleader appearing for the 2^nd and 3^rd respondent. Learned counsel for the petitioner reiterated the contentions raised in the writ petition. Per contra, learned Government Pleader on instructions submitted that Ext.P5 is to be certified by the third respondent and then forward the same to the second respondent for approval.

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Having evaluated the fact situations and the pleadings and documents on record, there will be a direction to the third respondent to certify Ext.P5 and forward the same to the second respondent within two weeks from the date of receipt of a copy of this judgment and thereafter the second respondent shall take a decision on the same within a period of two weeks thereafter.

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Writ petition is disposed of accordingly.

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sd/-

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SHAJI P. CHALY, JUDGE

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R.AV

Kelambeth Gangadharan v. the Tellicherry Taluk Co-Operative Marketing and Processing Society

Case brief

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Kelambeth Gangadharan v. the Tellicherry Taluk Co-Operative Marketing and Processing Society

Case brief

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