High Court of KeralaWP(C)/25656/2012disposed of

George Mathew v. State Of Kerala

2015-03-04Honourable Mr.Justice V.Chitambaresh6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 -------------------------------------- PETITIONERS:

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1. GEORGE MATHEW ASSISTANT SECRETARY THE MUTHALAKODAM SERVICE CO-OPERATIVE BANK LIMITED NO. 403 MUTHALKODAM P.O IDUKKI 686 605 (RESIDING AT KALLIYAKUDIYIL HOUSE MUTHALAKODAM P.O, IDUKKI).

2. MARYKUTTY N.P CHIEF ACCOUNTANT THE MUTHALAKODAM SERVICE CO-OPERATIVE BANK LIMITED NO. 403 MUTHALAKODAM P.O IDUKKI 686 605 (RESIDING AT NJALOOR HOUSE MUTHALAKODAM P.O, THODUPUZHA, IDUKKI)

3. V.J.VINCENT BRANCH MANAGER THE MUTHALAKODAM SERVICE CO-OPERATIVE BANK LIMITED NO. 403 MUTHALAKODAM P.O IDUKKI 686 605 (RESIDING AT VALARIYIL HOUSE ARIKUZHA P.O, THODUPUZHA)

4. SAINUDEEN P.U BRANCH MANAGER THE MUTHALAKODAM SERVICE CO-OPERATIVE BANK LIMITED NO. 403 MUTHALAKODAM P.O IDUKKI 686 605 (RESIDING AT PAZHIYIL HOUSE MUTHALAKODAM P.O, THODUPUZHA)

5. GEEMOL GEORGE SENIOR CLERK THE MUTHALAKODAM SERVICE CO-OPERATIVE BANK LIMITED NO. 403 MUTHALAKODAM P.O IDUKKI 686 605 (RESIDING AT KARAKUNNEL MUTHALAKODAM P.O, THODUPUZHA)

6. B.NARAYANAN NAIR SENIOR CLERK THE MUTHALAKODAM SERVICE CO-OPERATIVE BANK LIMITED NO. 403 MUTHALAKODAM P.O IDUKKI 686 605 (RESIDING AT KIZHAKKEDATH MUTHALAKODAM P.O, THODUPUZHA)

7. SAJI PAUL SENIOR CLERK THE MUTHALAKODAM SERVICE CO-OPERATIVE BANK LIMITED NO. 403 MUTHALAKODAM P.O IDUKKI 686 605 (RESIDING AT POTHIKUNNEL MUTHALAKODAM P.O, THODUPUZHA)

8. K.U.GEORGE SENIOR CLERK THE MUTHALAKODAM SERVICE CO-OPERATIVE BANK LIMITED NO. 403 MUTHALAKODAM P.O IDUKKI 686 605 (RESIDING AT KELAKATHRA MUTHALAKODAM P.O, THODPUZHA)

9. MAITHEEN T.H ATTENDER THE MUTHALAKODAM SERVICE CO-OPERATIVE BANK LIMITED NO. 403 MUTHALAKODAM P.O.

IDUKKI 686 605 (RESIDING AT THRIKKADAYIL MUTHALAKODAM P.O, THODUPUZHA) BY ADV. SRI.P.V.BABY RESPONDENTS:

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1. STATE OF KERALA REPRSENTED BY ITS SECRETARY TO GOVERNMENT CO-OPERATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM - 695 001

3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES PAINAVU, IDUKKI - 685 603

4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES THODUPUZHA, IDUKKI - 685 584

5. THE MUTHALAKODAM SERVICE CO-OPERATIVE BANK LIMITED NO. 403, MUTHALAKODAM P.O, IDUKKI 686 605 REPRESENTED BY ITS PRESIDENT.

R4 BY GOVERNMENT PLEADER SRI. T.R. RAJESH R5 BY ADVS. SRI.V.RAJENDRAN SMT.V.B.SANTHINI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT CLASSING THE 4TH RESPONDENT BANK AS CLASS III SOCIETY. EXHIBIT P2.

TRUE COPY OF GO(P) NO.36/2011/CO-OP. DATED 25.02.2011. EXHIBIT P3.

TRUE COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 02.04.2011.

EXHIBIT P4.

TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 12.07.2011.

EXHIBIT P5.

TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 22.11.2011.

EXHIBIT P6.

TRUE COPY OF GO(Rt) NO.650/2011/CO-OP DATED 30/11/2011. EXHIBIT P7.

TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 23.03.2012.

EXHIBIT P8.

TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 21.07.2012.

EXHIBIT P9.

TRUE COPY OF THE RESOLUTION DATED 04.10.2011. EXHIBIT P10. TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DATED 19.12.2011.

EXHIBIT P11. TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 07.05.2012.

EXHIBIT P12. TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DATED 17.07.2012.

EXHIBIT P13.TRUE COPY OF THE RESOLUTION OF THE BANK DATED 23.08.2012. EXHIBIT P14.TRUE COPY OF THE G.O.(P)89/98/CO-OP. DATED 03.04.1998. EXHIBIT P15.TRUE COPY OF THE AUDIT CERTIFICATE. EXHIBIT P16.TRUE CIRCULAR ISSUED IN THE YEAR 2005 DATED 28.05.2005

EXHIBIT P17.TRUE COPY OF THE CHART EVIDENCING THE WORKING PROGRESS OF THE BANK FROM 2000-2012.

EXHIBIT P18.TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 20.09.2012.

EXHIBIT P19.TRUE COPY OF THE REPLY RECEIVED UNDER THE RIGHT TO INFORMATION ACT DATED 10.10.2012.

EXHIBIT P20.TRUE COPY OF THE REPRESENTATION DATED 22.04.2014 SUBMITTED BY THE PETITIONERS TO THE 5TH RESPONDENT EXHIBIT P21.TRUE COPY OF THE COMMUNICATION DATED 23.04.2014 ISSUED BY THE 5TH RESPONDENT TO THE 9TH PETITIONER RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 25656 OF 2012 ---------------------------------------- Dated this the 4th day of March, 2015

JUDGMENT

The fifth respondent bank in Class II as on 01.07.1984 was re-classified as Class IV on 23.08.2012 with effect from 01.04.2009. Such re-classification with retrospective effect should not adversely affect its employees who had already drawn the emoluments. 2.

The fifth respondent has now filed a counter affidavit wherein it is averred as follows:- "Since the Bank is attaining steady progress and has achieved Class II status with effect from 01.04.2014 the Board of the Bank has decided to implement the pay Revision to the employees as applicable to Class II Societies anticipating approval of the department. Similarly revised pay of Class III Societies also can be given with effect from 01.04.2012. But the same was not implemented in view of the pendancy of the Writ Petition. Further action in the matter will be takes as per the orders of this Hon'ble Court."

W.P.(C). NO. 25656 OF 2012 2 3.

It is reported that re-classification to Class III during 2012-14 and to Class II is pending consideration with the authorities. It is only just and proper that any recovery shall be effected only after the re-classification as sought by the fifth respondent bank is complete. The pay revision benefits shall also be disbursed dependant in the Class in which the bank was placed during respective periods.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE