Allowed

Lalitha P. K. v. the Joint Director(Audit) of Co-Operative Societies

Kerala HC15 Mar 2019WP(C)/1254/2019

Case brief

AI extract

What is this about?

This writ petition challenged the legality of an audit report and recovery notice issued to the petitioner seeking gratuity. The Court, relying on a Full Bench judgment declaring no ceiling for gratuity payment, quashed the exhibits and barred recovery against the petitioner.

What did the court decide?

Quashment of Exhibit P2 (Audit Report) and Exhibit P3 (Notice) and declaration that no recovery can be made against the petitioner.

Lalitha P. K. Vs the Joint Director(Audit) of… — Cooperative Societies | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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FRIDAY, THE 15TH DAY OF MARCH 2019 / 24TH PHALGUNA, 1940

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WP(C).No. 1254 of 2019

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PETITIONER:

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LALITHA P.K., AGED 59 YEARS W/O.VIJAYAN, KUDILIL HOUSE, ADOOPARAMBIL, MOOVATTUPUZHA P.O., PIN-686661.

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BY ADVS.SRI.P.J.MATHEW SRI.EBIN MATHEW

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RESPONDENTS:

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1 THE JOINT DIRECTOR (AUDIT) OF CO-OPERATIVE SOCIETIES, KAKKANAD, ERNAKULAM, PIN-676306.

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2 THE PERAMANGALAM SERVICE CO-OPERATIVE BANK LTD. NO.3103, KALOOR, KALLOORKAD, MUVATTUPUZHA, PIN-686675.

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3 LIFE INSURANCE CORPORATION OF INDIA, KOTTAYAM, P AND G UNIT(G-603), LIC OF INDIA, JEEVAN JYOTHI, II FLOOR, STAR JUNCTION, KOTTAYAM, PIN-686001, REPRESENTED BY ITS MANAGER.

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4 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, KAKKANAD, ERNAKULAM, PIN-676306.

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BY ADV. SRI.P.V.VARGHESE (KANJIRAMATTOM) BY SRI. AJITH GEORGE-SC, BY SRI.BIMAL K.NATH-SR.GP BY SRI.S.EASWARAN-SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 1254/19

JUDGMENT

The petitioner has filed this writ petition alleging that Exhibit P2 audit report and Exhibit P3 notice, issued by the second respondent Bank, are illegal because it seeks to recover the amount of gratuity paid to her when she retired from service. The petitioner says that it is now declared by a Full Bench of this Court in

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Chandrasekharan Nair v. Co-operative Agricultural and Rural Development Bank Ltd. (2017 (4) KLT 276) that there is no ceiling for the payment of the gratuity and therefore, that Exhibits P2 and P3 are untenable in law.

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The learned Standing Counsel appearing for the second respondent Bank also affirms that the issue involved in this case is covered in favour of the petitioner through Chandrasekharan Nair (supra) and concedes that therefore, as of now, no action can be taken against the petitioner.

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In the afore circumstances, I order this writ and quash Exhibits P2 and P3 and declare that no recovery can be made against the petitioner going by the ratio of the judgment in Chandrasekharan Nair (supra).

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Sd/Devan Ramachandran, Judge

tkv

WPC 1254/19

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE LETTER DATED 28.04.2017 OF THE 3RD RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE AUDIT REPORT DATED 29.9.2018 FOR 2017-2018 OF THE PERAMANGALAM SERVICE CO-OPERATIVE SOCIETY. EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED NIL.

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RESPONDENT'S EXHIBITS:

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EXT. R3(a) TRUE PHOTOSTAT COPY OF THE CLAIM INTIMATION RECEIVED FROM THE SECOND RESPONDENT DATED 09.03.2017

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EXT. R3(b) TRUE PHOTOSTAT COPY OF THE DISCHARGE FORM DATED 09.03.2017

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/TRUE COPY/

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P.S. TO JUDGE

Lalitha P. K. v. the Joint Director(Audit) of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

Lalitha P. K. v. the Joint Director(Audit) of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

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