High Court Kerala High Court

U.Govindan vs Joint Registrar Of Co-Operative on 10 November, 2008

Kerala High Court
U.Govindan vs Joint Registrar Of Co-Operative on 10 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22509 of 2006(D)


1. U.GOVINDAN, CHIEF ACCOUNT/ASSISTANT
                      ...  Petitioner

                        Vs



1. JOINT REGISTRAR OF CO-OPERATIVE
                       ...       Respondent

2. THE KOOVERI SERVICE CO-OPERATIVE

3. THE PRESIDENT, KOOVERI SERVICE

                For Petitioner  :SRI.H.BADARUDDIN

                For Respondent  :SRI.V.G.ARUN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :10/11/2008

 O R D E R
                THOTTATHIL B. RADHAKRISHNAN, J.
               ------------------------------------------------------
                    W.P.(C) NO.22509 OF 2006 (D)
               ------------------------------------------------------
              Dated this the 10th day of November, 2008

                              J U D G M E N T

Petitioner retired from the service of the second respondent

co-operative bank on 30-6-2005. This writ petition was originally filed

seeking a direction to disburse the dues by way of retiral benefits, arrear of

salary etc. Then it turned out that the petitioner could not claim any benefit

against the post of Assistant Secretary, which was not available in the

feeder category because he did not possess the qualification. Stricto

senso, this Court cannot grant relief to that extent. But it is within the

jurisdiction of the competent official respondent to consider Exhibit P4, in

accordance with law and take a decision on the request thereon as made

by the committee of the bank and any relief to the petitioner would depend

upon such decision of the competent statutory authority. Hence, first

respondent is directed to consider Exhibit P4 and take a decision thereon

within a period of three months from the date of receipt of a copy of this

judgment. The petitioner will produce a copy of Exhibit P4 before the Joint

Registrar to expedite such decision. This writ petition is ordered

accordingly.

Sd/-

THOTTATHIL B. RADHAKRISHNAN,
JUDGE
skr/11/11
// True copy //
P.A. to Judge.