USHA DEVI P. T. v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE D. K. SINGH
Judgment date:
Case summary
High Court of Kerala judgment dated 2025-04-11. USHA DEVI P. T. v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
1 2025:KER:32034 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TH FRIDAY, THE 11 DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(C) NO. 38686 OF 2024 PETITIONER/S: USHA DEVI P. T. AGED 59 YEARS W/O PREMANATHAN K. , SENIOR ASSISTANT( RETIRED ), KOZHIKODE MAIN BRANCH, KERALA STATE CO-OPERATIVE BANK, KOZHIKODE- 673 002. RESIDING AT’;DREAMS’, MAILAMPADY, POST KUTHIRAVATTOM, KOZHIKODE. , PIN - 673016 BY ADVS. SASI M. R. N. P. SILPA DHARMYA M. S KAVYA KRISHNAN S. SAJIT SANAL THARANATH R. ARYA VALSAN RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. , PIN - 695001 2 KERALA STATE CO-OPERATIVE BANK REPRESENTED BY THE CHIEF EXECUTIVE OFFICER POST BOX NO. 6515, CO-OPERATIVE BANK TOWERS, VIKAS BHAVAN, POST PALAYAM, THIRUVANANTHAPURAM. , PIN - 695033 3 THE CHIEF GENERAL MANAGER KERALA STATE CO-OPERATIVE BANK, POST BOX NO.
6515, CO-OPERATIVE BANK TOWERS, VIKASBHAVAN, POST PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 2 2025:KER:32034 4 THE SECRETARY KERALA STATE CO-OPERATIVE PENSION BOARD, TC 25/357(4), GANDHARI AMMAN KOVIL ROAD, STATUE, TRIVANDRUM, PIN - 695001 5 THE BRANCH MANAGER KOZHIKODE MAIN BRANCH, KERALA STATE CO-OPERATIVE BANK, KOZHIKODE, PIN - 673002 BY ADV M. SASINDRAN . OTHER PRESENT: P. C. SASIDHARAN-SC THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 11. 04. 2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 2025:KER:32034 JUDGMENT The present writ petition has been filed by the petitioner who is an ex-employee of Kerala State Co-operative Bank claiming the following reliefs: “i.
Issue a writ in the nature of mandamus or any other writ, order or direction to the respondents 2 to 4 to sanction provisional pension to the petitioner as provided under clause 11(2) of the Kerala State Co-Operative Bank and District Co-Operative Banks Self Financing Pension Scheme, 2005, within a time frame deem fit by this Hon'ble Court. ii. To dispense with the filing of English translations of Malayalam documents. iii. To issue such other writ, order or direction as this Honourable Court may deem fit and proper in the circumstances of the case. ” 2. The petitioner is facing disciplinary proceedings for misappropriating the Society’s funds.
Rule 198(7) of the Kerala Co-operative Societies Rules 1969 provided that in the event of any pendency of disciplinary proceedings against any employee of a Cooperative Society for grave misconduct, irregularity, corruption, or other charges involving moral turpitude, no retirement benefits are to 4 2025:KER:32034 be sanctioned to such employee or retired employee. 2.
1 Rule 198(7) of the Kerala Co-operative Societies Rules reads as under: “(7) In the event of any pendency of disciplinary proceedings against any employee of a cooperative, society or any co-operative institution pursuant to any charge of grave misconduct, irregularity, corruption or other charge involving moral turpitude, no retirement benefits shall be sanctioned to such employee or retired employee and in case of sanctioning of any retirement benefits to any such employee or retired employee, the name and designation of the sanctioning authority together with the reason for such sanctioning shall be recorded by the sanctioning authority by himself and such authority shall be held responsible for any loss to the society owing to such sanctioning of retirement benefits if found that such sanctioning was unwarranted. " 3. As the petitioner is facing disciplinary proceedings for misappropriation, the petitioner is not entitled to the retirement dues.
Hence, there is no substance in the writ petition which is hereby dismissed. Sd/- D. K. SINGH JUDGE jjj 5 2025:KER:32034 APPENDIX OF WP(C) 38686/2024 A TRUE COPY OF THE ORDER DATED 24. 11. 2021 ISSUED BY THE 1ST RESPONDENT A TRUE COPY OF FIR IN CRIME NO. 906/2021 DATED 15. 12. 2021 ON THE FILE OF KASABA POLICE STATION, KOZHIKODE A TRUE COPY OF THE MEMO OF CHARGES ALONG WITH THE STATEMENT OF FACTS DATED 16. 05. 2022 ISSUED BY THE 1ST RESPONDENT AGAINST THE PETITIONER A TRUE COPY OF THE EXPLANATION TO EXHIBIT P3 SENT BY THE PETITIONER DATED 27. 01. 2023 A TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 22623/2023 DATED 15. 11.
2023 A TRUE COPY OF LETTER NUMBER KSCB/HR/4796/2023-24 DATED 04/11/2023, FROM THE GENERAL MANAGER, KERALA BANK A TRUE COPY OF THE LETTER DATED 14/11/2023 ISSUED BY THE ENQUIRY OFFICER A TRUE COPY OF THE LETTER DATED 08/06/2024 SUBMITTED BY THE PETITIONER TO THE ENQUIRY OFFICER A TRUE COPY OF THE LETTER DATED 29/07/2024 SUBMITTED BY THE PETITIONER TO THE ENQUIRY OFFICER WITH THE POSTAL ACKNOWLEDGEMENT CARD A TRUE COPY OF LETTER NUMBER KSCB/HR/4288/2024-25 DATED 06/08/2024 ISSUED BY THE ENQUIRY OFFICER A TRUE COPY OF THE REPRESENTATION DATED 23. 08.
2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH THE POSTAL ACKNOWLEDGEMENT CARD A TRUE COPY OF THE MRI LUMBAR SPINE REPORT DATED 23/11/2029 OF DR SHAJI’S MRI & MEDICAL RESEARCH CENTRE PVT LTD 6 2025:KER:32034 Exhibit P12(a) A TRUE COPY OF THE CERTIFICATE ISSUED BY THE SANTHIGIRI AYURVEDIC & SIDHA HOSPITAL, NADAKKAVU, KOZHIKODE Exhibit P12(b) A TRUE COPY OF THE CASE HISTORY OF THE PETITIONER’S TREATMENT AT CHETHANA, A CENTRE FOR NEUROPSYCHIATRY IN KOZHIKODE Exhibit P2 True copy of English translation of Page Nos. 17,19,20,21 Exhibit P3 True copy of English translation of Page Nos. 22-25 Exhibit P6 True copy of English translation of Page No. 36 Exhibit P10 True copy of English translation of Page No. 42 Exhibit P11 True copy of English translation of Page No. 43
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.