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2025 Supreme(Ker) 68

MOHAMMED NIAS C. P.
Joseph Mathew S/o. Joseph M. J. – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
FOR THE APPELLANT : ADV. SRI.GEORGE POONTHOTTAM (SR.) ALONG WITH ADVS. M/S. NISHA GEORGE, A.L.NAVANEETH KRISHNAN, ANN MARIA FRANCIS & REGINALD VALSALAN
FOR THE RESPONDENT: SRI. BIMAL NATH K., SENIOR GOVERNMENT PLEADER ADV. SRI. SHYAM S. FOR R3

JUDGMENT

In W.P.(C) No.2106 of 2023, the petitioner challenges the order passed by the Secretary, Department of Co-operation, that dismissed the revision petition filed by him affirming the order passed by the Joint Registrar ordering the Society to recover an amount of Rs.2,06,937/- from the retirement benefits of the petitioner. An order was passed dated 3.1.2022 against the petitioner’s promotion, which was challenged by him by filing W.P. (C) No. 19979/2022, wherein, by judgment dated 07.07.2022, the said order was set aside and the competent authority of the Government was directed to reconsider the matter. The present impugned order is passed after the direction in the said judgment. It is stated that the petitioner entered into service as a Junior Clerk in the year 1992 and was promoted as Secretary-in-charge and was given the charge on 1.11.2012 and later, promoted as Secretary on 1.4.2014. The promotion was based on decision No.503 taken in the general body meeting of the respondent bank on 31.3.2014. The petitioner submits that though he was eligible to be appointed much earlier, it was being denied due to political reasons. Despite the petitioner being qualif


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