The petitioner, while working as the Secretary of the 2nd respondent Society was terminated from service as per letter dated 21.12.1998. The petitioner had challenged the decision of the Managing Committee invoking the jurisdiction under Rule 176 of the Co-operative Societies Rules, 1969 (hereinafter referred to as 'the Rules' for short). The petitioner's request was allowed and the resolution was rescinded. The 2nd respondent Society challenged the order of the 1st respondent in an appeal filed before the Government. The said appeal has also been dismissed. The petitioner therefore claims the salary and other benefits due to him, consequent to the setting aside of the disciplinary proceedings initiated against him. He has claimed salary and other allowances from 22.12.1998 to 28.02.2000. Thereafter, though the petitioner attended duty, he was again suspended on 01.04.2000. The petitioner was not reinstated thereafter. Meanwhile, the Managing Committee itself was superseded. The petitioner was reinstated in service only on 10.01.2005. Therefore, the petitioner claims his salary and other benefits from 22.02.1998 to 09.01.2005.
W.P.(C) No.14559 of 2014 2
2. As per Ext.P1 award in ARC No.2/2006, the petitioner's claim has been allowed. Ext.P1 has been confirmed by the Kerala Co-operative Tribunal by Ext.P2. Thereafter, though the petitioner has submitted Ext.P2 representation for realisation of the amounts due to him, the 1st respondent has not passed any orders thereon. Therefore, he seeks the issue of appropriate directions to the 1st respondent.
3. I have heard the learned Government Pleader also. In view of the fact that Ext.P3 is pending consideration of the 1st respondent, I am satisfied that this writ petition can be disposed of directing disposal of the same.
This writ petition is therefore disposed of directing the 1st respondent to consider Ext.P3 representation submitted by the petitioner in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this judgment, after hearing the petitioner as well as the 2nd respondent.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV