High Court of KeralaWP(C)/25076/2015disposed of

M.Vinoj v. Ottoor Co-Operative Bank Ltd.

2015-09-25Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WP(C).No. 25076 of 2015 (H) PETITIONER : - ----------------------- M.VINOJ, AGED 44 YEARS, S/O MADHAVAN, AMBADY, PALAYAMKUNNU, PALAYAMKUNNU P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM.

BY ADV. SRI.V.A.VINOD RESPONDENTS : - --------------------------

1. OTTOOR CO-OPERATIVE BANK LTD.976, REPRESENTED BY ITS SECRETARY, CHENNANCODE, VADASSERIKONAM P.O., THIRUVANANTHAPURAM-695143.

2. SECRETARY, OTTOOR CO-OPERATIVE BANK LTD.976, CHENNANCODE, VADASSERIKONAM P.O., THIRUVANANTHAPURAM-695143.

3. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695001. R1 BY ADV. SRI.P.N.MOHANAN R3 BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25076 of 2015 (H) ---------------------------------------- APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE RESOLUTION NO.528/14-15 DATED 6.11.2014. EXHIBIT P1(a): COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1. EXHIBIT P2: TRUE COPY FO THE ORDER NO.80/14-15 DATED 6.11.2014. EXHIBIT P2(a): COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2. EXHIBIT P3 : TRUE COPIES OF THE RELEVANT ENTRIES OF THE SERVICE BOOK OF THE PETITIONER.

EXHIBIT P4: TRUE COPY OF THE REPRESENTATION DATED 3.7.2015. RESPONDENTS' EXHIBITS : - NIL.

// TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

W.P.(c) No. 25076 of 2015 ---------------------------------------- Dated this the 25th day of September, 2015

JUDGMENT

The petitioner, having been promoted as Internal Auditor with effect from 10.11.2014, is said to have not been paid the salary attached to the said post. Aggrieved, he has filed the present writ petition.

2. The learned counsel for the petitioner has submitted that the petitioner has already filed Exhibit P4 representation before the third respondent complaining of non payment of salary attached to the promotional post. According to him, it will suffice if a direction is given to the third respondent to consider Exhibit P4 expeditiously.

3. The learned counsel for respondents 1 and 2 has submitted that the third respondent may consider petitioner's representation after affording an opportunity of hearing to the respondents 1 and 2 as well.

4. The learned Government Pleader has submitted that the third respondent has no objection to consider petitioner's Exhibit P4 representation, on merits.

W.P.(c) No. 25076 of 2015 In the facts and circumstances, having regard to the submissions of the learned counsel for the petitioner, the learned Counsel for respondents 1 and 2, as well as the learned Government Pleader, this Court, without expressing any opinion on the merits of the matter, disposes of the present writ petition with a direction to the third respondent to consider Exhibit P4 representation of the petitioner in accordance with law, and pass appropriate orders thereon as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. No order as to costs.

DAMA SESHADRI NAIDU JUDGE DMR/-