S.JAYAKUMAR Vs. SECRETARY

JUDGEMENT

(1.) The petitioner's singular prayer in this writ petition is that his representation before the respondent - Kerala State Co-operative Employees Pension Board (hereinafter referred to as 'the Board' for short), namely Ext.P6, be directed to be taken up and disposed of in terms of law. The petitioner says that he is making this request because Ext.P6 representation was made pursuant to the directions of the Board issued in Ext.P3 and, therefore, that there cannot be any legal impediment for them in considering the same and in issuing apposite orders thereon as per law.

(2.) Shri.M.Sasindran, the learned Standing Counsel appearing for the respondent-Board, submits that even though there is no legal inhibition for the Board in taking up Ext.P6 and disposing of the same, it can be done only as per the applicable provisions of law and taking note of the entitlement of the petitioner to any relief. He adds that all contentions, including that Ext.P6 has been made pursuant to Ext.P3, may be left open to the competent Authority of the Board to decide in terms of law and prays that this Court make no affirmative declarations on these aspects. Taking note of the afore submissions, I order this writ petition and direct the competent Authority of the respondent to take up Ext.P6 representation and dispose of the same, after affording all necessary opportunity to the petitioner; and to thereafter, communicate the resultant order to him, as expeditiously as is possible, but not later than one months from the date of receipt of a copy of this judgment. I make it clear that I have not considered any of the contentions of the petitioner, either in law or on facts, conclusively in this judgment and that it will be left to the competent Authority of the respondent to take an appropriate decision in terms of law, as he may deem fit.