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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, VIJU ABRAHAM, JJ.
Kumaramputhur Service Co-Operative Bank Ltd. – Appellant
Versus
Abdul Hameed S/o Miuhammed – Respondent
W.A. No. 1494 of 2021
Decided On : 12-01-2022
Kerala Co-operative Societies Rules - Rules 198(7) and 198(8) - Death-cum-retirement benefits – Delay in payment – Claim of Interest - First respondent herein has filed instant Writ Petition (Civil) with following prayers, to declare that petitioner is legally entitled to get interest at 9% on amount and that the 2nd respondent is legally liable to pay same forth with - - Whether a plea for interest has been made in previous round of litigative proceedings at Ext.P-2.
Finding of the Court:
Court are of view that since the present writ petitioner has not raised abovesaid plea for grant of interest in previous round of writ litigative proceedings at Annexure-A1/Ext.P-1 and liberty to claim said plea for grant of interest has not been reserved either in Ext.P-1 judgment or subsequently by any other proceedings like review, application for modification or clarification, etc. - Taking note of these aspects, court are of the view that submissions of learned counsel appearing for appellant will have to be countenanced – Court are of the view that taking into account facts of this case, more particularly, aspects borne from Ext.P-1 enquiry report as well as other aspects, it will not be proper for us to overrule plea of appellant based on res-judicata and constructive res-judicata, in facts and circumstances of this case - In that view of matter, court find that appellant is entitle to succeed - Accordingly, it is ordered that impugned judgment rendered by learned Single Judge in the instant W.P. (C) will stand set aside.
Result: Writ Appeal disposed of
JUDGMENT :
ALEXANDER THOMAS, J.
1. The first respondent herein has filed the instant Writ Petition (Civil) No. 25471/2019 with the following prayers:
(ii) issue a writ of certiorari or any other appropriate writ, order direction calling for the records leading to Ext.P5 and quash the same.
(iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and dispose of Ext.P6.
(iv) such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends of justice.”
2. The learned Single Judge after hearing both sides has rendered the impugned judgment on 30.06.2021 finally disposing of the abovesaid W.P. (C) No. 25471/2019, with the finding that irrespective as to whether the writ petitioner had made the plea for grant of interest on the delayed payment of retirement benefits in the previous round of writ litigative proceedings. The fact of the matter is that his retirement benefits were withheld for three years and that keeping in view of those circumstances and also taking note of those aspects, it was directed that the respondents in the W.P. (C) shall grant interest @ 6% per annum to the petitioner on the retirement benefits and that the said order shall not be considered as a precedent.
3. Heard Sri. K.T. Thomas, learned counsel appearing for the appellant in the WA/R2 in the W.P. (C) [Co-operative Society employer] Sri. B.S. Swathi Kumar, learned Advocate instructed and assisted by Smt. Anitha Ravindran, learned counsel appearing for R1 in the WA/writ petitioner and Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for R2 [Joint Registrar of Co-operative Societies] in the WA/R1 in the W.P. (C).
4. The 1st respondent herein (referred for short as ‘writ petitioner’) had earlier filed Annexure-A1 writ petition (civil), W.P. (C) No. 6295/2018 before this Court with the following prayers:
(ii) issue a writ of mandamus or any other appropriate writ, order direction calling for the records leading to Ext.P6 and quash the same.
(iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to disburse the amounts due as Death-cum-retirement benefits and leave surrender to the petitioner forthwith.
(iv) such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends of justice.”
5. Therein, the learned Single Judge, after hearing both sides has rendered Ext.P-2 judgment dated 24.06.2019 in the said W.P. (C) No. 6295/2018 finally disposing of the said W.P. (C) ordering that R2 therein [Co-operative Society employer] shall hear the writ petitioner and take a decision on the disbursal cum retirement benefits, so that he can obtain the same without any further delay, etc. and that if any amounts are found due to the petitioner as being his retirement benefits and DCRG (Death-cum-Retirement Gratuity), the same shall be disbursed within a period of one month, etc. It would be relevant to note that in the previous round of writ litigative proceedings initiated by the present writ petitioner as per Annexure-A1 W.P. (C) No. 6295/2018, no prayer has been made therein for grant of interest on the delayed payment of the retirement benefits including the DCRG. Hence, the learned Single Judge while rendering Ext.P-2 judgment in the said W.P. (C) has not
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