High Court of KeralaWP(C)/19194/2014disposed of

V.Sankaranarayanan v. The Palakkad District Co-Operative Bank Ltd

2015-02-02Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 WP(C).No. 19194 of 2014 (Y) ------------------------------------- PETITIONER:

-------------------------- SANKARANARAYANAN.V RETIRED SHAROFF, PALAKKAD DISTRICT CO-OPERATIVE BANK RESIDING AT SREEJAYA NIVAS, KALLUVAZHI, PALAKKAD BY ADV. SRI.P.N.MOHANAN RESPONDENTS:

----------------------------

1. THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD REPRESENTED BY ITS GENERAL MANAGER, P.B NO 21 H.P.O ROAD, SULTHANPET, PALAKKAD 678 001

2. THE MANAGING COMMITTEE OF THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD REPRESENTED BY ITS PRESIDENT P.B NO 21,H.P.O ROAD, SULTHANPET, PALAKKAD 678 001

3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),PALAKKAD 678 001

4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM 695 001 R1 & R2 BY ADV. SRI.M.SASINDRAN, SC, PALAKKAD DIST.CO.OP.BANK R3 & R4 BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19194 of 2014 (Y) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 A TRUE COPY OF THE SENIORITY LIST OF THE EMPLOYEES OF THE BANK EXHIBIT P2 A TRUE COPY OF THE PETITION DATED 19-03-2009 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION DATED 27-05-2011 OF THE JOINTY REGISTRAR EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 2-6-2011 OF THE JOINT REGISTRAR EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION DATED 29-07-2011 OF THE JOINT REGISTRAR EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION DATED 17-10-2011 OF THE BANK TO THE REGISTRAR EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION DATED 7-3-2013 OF THE REGISTRAR EXHIBIT P8 A TRUE COPY OF THE LETTER DATED 25-11-2013 OF THE JOINT REGISTRAR EXHIBIT P9 A TRUE COPY OF THE LETTER DATED 13-05-2014 OF THE JOINT REGISTRAR EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION DATED 30-05-2014 OF THE JOINT REGISTRAR RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 19194 OF 2014 ---------------------------------------- Dated this the 02nd day of February, 2015

JUDGMENT

The first respondent bank itself sought clarification of the third respondent by Ext. P6 representation. The clarification was in respect of the anomaly in the pay fixation of the petitioner. The first respondent bank thereafter passed Resolution No. 19 dated 26.03.2014 to step up the salary of the petitioner to be on par with his junior. The only condition stipulated therein is that the same could be done with the due concurrence of the concurrent auditor. All these are discernible from Ext. P10 communication of the third respondent. The third respondent has now given the clarification as sought and the concurrent auditor has also given his concurrence. There is no reason as to why the pay fixation anomaly of the petitioner cannot be rectified atleast now.

I direct respondents 1 and 2 to rectify the pay fixation anomaly of the petitioner by stepping up his salary to be on par with his junior. Needless to say that the same shall

W.P.(C). NO. 19194 OF 2014 2 be done in accordance with the report of the concurrent auditor on the issue. The same shall also be done within a period of two months from the date of production of a copy of this judgment.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE