Disposed

Usha Devi v. Kerala State Co-Operative Bank

Kerala HC15 Nov 2023WP(C)/22623/2023

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Kerala State Co-Operative Bank to consider the petitioner's representation (Ext.P6) regarding her employment dispute, suspension benefits, and account issues, and to take a decision within one month.

What did the court decide?

Direction to the 1st respondent to consider the petitioner's representation (Ext.P6) and take a decision within one month from the date of receipt of the judgment copy.

Usha Devi Vs Kerala State Co-Operative Bank — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 15^TH DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945 WP(C) NO. 22623 OF 2023

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PETITIONER/S:

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USHADEVI
AGED59YEARS,W/OPREMANATHANK.
RESIDINGAT'DREAMS',MAILAMPADY,
POSTKUTHIRAVATTOM,KOZHIKODE,PIN-673016
BYADVS.
R.SUDHISH
M.MANJU

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RESPONDENT/S:

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1KERALASTATECO-OPERATIVEBANK
POSTBOXNO.6515,CO-OPERATIVEBANKTOWERS,
VIKASBHAVAN,POSTPALAYAM,THIRUVANANTHAPURAM
REPRESENTEDBYCHIEFEXECUTIVEOFFICER,PIN–695033

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2THECHIEFGENERALMANAGER
KERALASTATECO-OPERATIVEBANK,POSTBOXNO.6515,
CO-OPERATIVEBANKTOWERS,VIKASBHAVAN,POSTPALAYAM,
THIRUVANANTHAPURAM,,PIN–695033

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3 THE REGIONAL OFFICER KERALA STATE CO-OPERATIVE BANK, KALLAI ROAD, CHALAPPURAM, KOZHIKODE, PIN – 673002

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4 THE BRANCH MANAGER EVENING BRANCH, KERALA STATE CO-OPERATIVE BANK, KALLAI ROAD, CHALAPPURAM, KOZHIKODE, PIN – 673002

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5 THE BRANCH MANAGER KERALA STATE CO-OPERATIVE BANK, MAVOOR ROAD BRANCH, KOZHIKODE, PIN - 673004

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SRI.PCSASIDHARAN,SCFORKERALASTATECOOPERATIVEBANK

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
15.11.2023,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

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W.P.(C) 22623 of 2023

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JUDGMENT

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The petitioner states that she joined the service of the Kozhikode District

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Co-operative Bank on 22.12.1986. According to the petitioner, while working as

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a Senior Accountant, she was suspended from service on account of misappropriation of certain amounts. A crime was consequently registered and the final report has been laid. Disciplinary proceedings were initiated against the petitioner herein. She states that she was under suspension till the date of her superannuation on 31.05.2022. The grievance of the petitioner is that the 1st respondent has not disbursed the subsistence allowance due to the petitioner and other benefits. She further asserts that she has been denied the request to close the recurring deposit, remit the outstanding gold loan amount, and release the gold ornaments belonging to her elder daughter. Additionally, she has been prevented from remitting the outstanding balance on her housing loan account and from retrieving the title deeds. It is on these assertions that this writ petition is filed seeking the following reliefs:

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i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to disburse the subsistence allowance to the petitioner from the date of suspension till the date of retirement within a time frame fixed by this Hon’ble Court.

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W.P.(C) 22623 of 2023

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ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to permit the petitioner to close the recurring deposit and transfer the amount to the savings bank and defreeze the savings bank account for the purpose of withdrawing the amount transferred after closing the recurring deposit and also the matured amount in the recurring deposit. iii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent permitting the petitioner to remit gold loan due amount and to release the gold ornaments within a time frame fixed by this Honourable Court. iv. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent permitting the petitioner to remit the outstanding due amount to the housing loan account and release the original title deeds to the petitioner within a time frame fixed by this Honourable Court.

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The learned counsel appearing for the petitioner submitted that when the matter was taken up for consideration on 9.8.2023, this Court had directed the 4th respondent to consider Ext.P4 representation and in terms of the directions, the gold ornaments which were pledged have been released to the petitioner. It is submitted that in so far as the other reliefs are concerned, the respondents have not taken a decision to date. It is also submitted that highlighting her grievances, the petitioner has submitted Ext.P6 representation before the 1st respondent, which is pending. The limited request of the

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W.P.(C) 22623 of 2023

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petitioner at this stage is for the issuance of directions to the 1st respondent to consider Ext.P6 representation and take a decision as expeditiously as possible.

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The learned counsel appearing for the respondents submitted that

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there is no impediment in considering the representation.

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Having regard to the facts and circumstances, there will be a direction to the 1st respondent to consider Ext.P6 representation submitted by the petitioner and take a decision, as per procedure and in accordance with law, with notice to the petitioner. A decision shall be taken within a period of one

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month from the date of receipt of a copy of the judgment.

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The petitioner shall produce a copy of the writ petition along with a

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copy of the judgment before the 1st respondent to ensure compliance.

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The Writ Petition is disposed of.

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Sd/- RAJA VIJAYARAGHAVAN V, JUDGE

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NS/16/11/2023

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W.P.(C) 22623 of 2023

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APPENDIX OF WP(C) 22623/2023

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PETITIONEREXHIBITS

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`Exhibit P1`	`COPY OF THE COMPLAINT FILED BY THE SENIOR` `MANAGER, REGIONAL OFFICE, KERALA STATE` `CO-OPERATIVE BANK, DATED 14.12.2021`
`Exhibit P2`	`COPY OF THE REPRESENTATION SUBMITTED BY THE` `PETITIONER ON 14.6.2022`
`Exhibit P3`	`COPY OF THE LETTER SUBMITTED BY THE PETITIONER` `BEFORE THE 4TH RESPONDENT DATED 11.8.2022`
`Exhibit P4`	`COPY OF THE REPRESENTATION DATED 20.9.2022` `SUBMITTED BY THE PETITIONER BEFORE THE 4TH` `RESPONDENT`
`Exhibit P5`	`COPY OF THE INVITATION OF MARRIAGE OF THE 2ND` `DAUGHTER OF THE PETITIONER`
`Exhibit P6`	`COPY OF THE REPRESENTATION SUBMITTED BY THE` `PETITIONER'S HUSBAND BEFORE THE 1ST RESPONDENT` `DATED 4.4.2023`

Usha Devi v. Kerala State Co-Operative Bank

Case brief

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Usha Devi v. Kerala State Co-Operative Bank

Case brief

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