Petitioner in retirement seeks amendment of Class 1 Milk Co-Op Rules to unify retirement age at 60 years. Court refrained from merits, directed Government to consider petitioner's representation, and fixed timeline for disposal.
Directed competent respondents to take up Ext.P3, hear petitioner, and dispose expeditiously within four months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 19TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944
WP(C) NO. 312 OF 2023
PETITIONER:
RADHAKRISHNAN K AGED 58 YEARS S/O. KELY, RESIDING AT CHATTIYODE HOUSE, POTHUNDI POST, NENMARA, PALAKKAD DISTRICT, PIN - 678508 BY ADVS. MANU GOVIND AYESHA MARIA JOHN
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF DAIRY DEVELOPMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF DIARY DEVELOPMENT DIRECTORATE, DAIRY DEVELOPMENT DEPARTMENT, PATTOM PALACE P.O., THIRUVANANTHAPURAM PIN - 695004 3 THE MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION (MRCMPU),HEAD OFFICE, PERINGOLAM, KOZHIKODE-PIN – 673571, REPRESENTED BY ITS MANAGING DIRECTOR. 4 THE SECRETARY DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM PIN - 695014 BY ADVS. GOVERNMENT PLEADER SMT.LATHA ANAND, SC, MRCMPU LTD.
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SRI.JOSHY THANNICKKAMATTAM -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who, admittedly, has now retired from the services of the 3rd respondent – Society, says that he has approached the Government, through Ext.P3, seeking that the age of retirement of all employees in the Cooperative Sector be unified to 60 years. He thus prayed that “the stipulation in Rule 183(2) of the KCS Rules (to mean the Kerala Cooperative Society Rules) be suitably
modified”(sic) .
petitioner, was vehemently opposed by Smt.Latha Anand – learned Standing Counsel for the Society, saying that since the petitioner has already retired from service, he cannot obtain any benefit; and that, in any event, he cannot
be allowed to seek consideration of Ext.P3 representation, wherein, he has sought for
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modification of the Rules, which is impermissible in law. She concluded her submissions saying that, in fact, the present attempt of the petitioner is an indirect one to obtain relief which has already been denied by this Court in various writ petitions filed by other persons; adding that, the request for enhancement of the retirement age therein has already been rejected. She thus prayed that this writ petition be dismissed.
it is within the Government's decision making realm to decide whether there should be an
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amendment to the Rules.
submissions, it is evident that this Court cannot take any decision on the claim of the petitioner at this stage, especially since it effectively requires an amendment to the existing Rules. This is a matter to be decided by the Government, including on the maintainability of Ext.P3; and I do not think that petitioner should be denied such an opportunity, merely because the respondent - Society opposes it. This is more so because all the contentions of the Society will also have to be considered by the Government.
In the afore circumstances, I order this writ petition and direct the competent among official respondents to take up Ext.P3 and
dispose it of, after hearing the petitioner, as also the authorised officials of the Society;
thus culminating in an appropriate order and
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necessary action thereon, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
I make it clear that I have not entered into the merits of the petitioner's claims and that the question, whether Ext.P3 is maintainable, is also left open to be decided by the Government appropriately, while the
afore exercise is completed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
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APPENDIX OF WP(C) 312/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF GO (MS) NO. 402/2017/FIN DATED 25.08.2017 OF THE 1ST RESPONDENT Exhibit P2 TURE COPY OF GO (P) NO.131/2022/FIN DATED 29.10.2022 Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 29.12.2022 PREFERRED BY THE PETITIONER BEFORE THE RESPONDENTS 3 AND 4
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether the Court can decide the petitioner's claim for amendment of Class 1 Milk Co-Op Rules regarding retirement age now that he has already retired.
Whether the Government should be directed to place the petitioner's representation ext.P3 on the file for appropriate consideration.
RADHAKRISHNAN K
THE STATE OF KERALA
THE DIRECTOR OF DIARY DEVELOPMENT
THE MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION
THE SECRETARY DEPARTMENT OF CO-OPERATION
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
