Kerala High Court
M. Rajeev Kumar vs The State Of Kerala on 10 February, 2000
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 10TH DAY OF JULY2014/19TH ASHADHA, 1936
WP(C).No. 5056 of 2013 (F)
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PETITIONER(S):
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M. RAJEEV KUMAR, AGED 48 YEARS,
S/O.GOPALA PILLAI, 177, JAWAHAR NAGAR,
PATTATHANAM, KOLLAM 691 021.
BY ADVS.SRI.V.JAYAPRADEEP
SMT.V.V.RISANI
RESPONDENT(S):
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1. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
CO-OPERATIVE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695001.
2. PARAVUR COIR MATS & MATTINGS CO-OPERATIVE SOCIETY LTD NO Q 946,
PARAVUR, KOLLAM 691 301,
REPRESENTED BY ITS ADMINISTRATOR THE COIR
INSPECTOR, PARAVUR, KOLLAM.
3. THE DIRECTOR OF COIR DEVELOPMENT,
THIRUVANANTHAPURAM 695 001.
4. THE REGIONAL DIRECTOR,
NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION,
REGIONAL OFFICE 'CO-SOCIETY TOWERS' 5TH FLOOR,
THIRUVANANTHAPURAM 695 033.
R1,3 BY GOVERNMENT PLEADER SRI.MANOJ P.KUNJACHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-07-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 5056 of 2013 (F)
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APPENDIX
PETITIONER(S) EXHIBITS
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EXT.P1TRUE COPY OF THE SANCTION ORDER NO CSI/10186/99 DATED 10-02-2000
OF R3
EXT.P2TRUE COPY OF THE APPOINTMENT ORDER DATED 22-02-2000 OF THE
PETITIONER.
EXT.P3TRUE COPY OF THE CERTIFICATE SHOWING THE DECLARATION OF
PROBATION DTD 22-08-2001
EXT.P4THE TRUE COPY OF PROCEEDINGS SHOWING THE FIXATION OF SALARY
DTD 1-09-2003
EXT.P5TRUE COPY OF THE REQUEST TO THE R2 DATED 05-07-2002
EXT.P6TRUE COPY OF THE REPRESENTATION TO THE ADMINISTRATOR OF THE
SOCIETY DATED 21-11-2003
EXT.P8TRUE COPY OF THE COMPLAINT TO THE PROJECT OFFICER(COIR) KOLLAM
DATED 22-10-2005
EXT.P9TRUE COPY OF THE REPRESENTATION DTD 28-02-206 TO R3
EXT.P10TRUE COPY OF THE LETTER DATED 17-05-2006 TO R4
EXT.P11 TRUE COPY OF THE LETTER DATED 22-11-2006 TO R4
EXT.P12TRUE COPY OF THE REPLY DATED 05-01-2007 OF R4
EXT.P13TRUE COPIES OF THE TITLE DEEDS OF THE LAND OF THE RESPONDENT
SOCIETY NOS 2607/94,2636/94,2829/94 AND 4317/96 OF PARAVUR SUB
REGISTRY
EXT.P14TRUE COPY OF THE VALUATION CERTIFICATE NO 4981/12 OF THE VILLAGE
OFFICER POOTHAKKULAM DATED 20-10-2012
EXT.P15TRUE COPY OF THE AUDIT CERTIFICATE CUM AUDIT MEMORANDUM OF
THE 2ND RESPONDENT SOCIETY FOR THE YEAR 2010-2011 DATED
31-03-2012
EXT.P16TRUE COPY OF THE MEDICAL RECORDS OF THE MOTHER OF THE
PETITIONER.
RESPONDENTS' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.R. RAMACHANDRA MENON, J.
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W.P.(c) No.5056 of 2013
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Dated this the 10th day of July, 2014.
JUDGMENT
Grievance of the petitioner is with regard to the non- payment of salary, in respect of the services rendered by him as the Secretary in the 2nd respondent Society, for more than ten years.
2. The 2nd respondent is an Industrial Co-operative Society, registered under the relevant provisions of law. Pursuant to the notification inviting application for the post of Secretary, the petitioner also submitted an application. On being successful in the written test and interview, the petitioner was appointed as the Secretary to the Society, against the sanctioned post (created as borne by Ext.P1), as per Ext.P2 appointment order dated 22.02.2000. The stipulated period of probation of one year was successfully completed and the same was declared as per Ext.P3 order dated 22.08.2001. Later, the scale of pay of the petitioner was refixed as per Ext.P4.
3. Since the salary fell in arrears, the petitioner submitted W.P.C. No.5056 of 2013 2 several representations before the 3rd respondent and other authorities concerned. Exts.P5 to P9 are some of the representations as above. It is pointed out that Ext.P9 representation preferred before the 3rd respondent, who forms to be the Registrar in so far as the 2nd respondent Society is concerned, is still pending. The 4th respondent being the sponsor/financier of the 2nd respondent, the petitioner also alerted the said respondent, as to the critical situation, vide Exts.P10 & P11 representations. The 4th respondent in turn forwarded the same to the 3rd respondent vide Ext.P12 and the same is also pending before the 3rd respondent. The callous inaction on the part of the respondents made the petitioner to approach this Court, highlighting the grievance as mentioned herein before.
4. Despite the completion of service of notice, the 2nd respondent has not chosen to appear before this Court. The 3rd respondent has filed a Counter Affidavit, virtually conceding the factual position as to the appointment of the petitioner, the successful completion of probation period and as to the non- W.P.C. No.5056 of 2013 3 payment of salary to the petitioner from April, 2002, however stating that it is from the own fund of the Society, that salary to the employees has to be paid. Considering the grievance projected by the petitioner, the President of the Managing Committee of the Society was instructed to disburse the salary. It is also pointed that, financial assistance of nearly Rs.44,44,000/- (Rupees Forty four lakhs and forty four thousand only) was availed by the 2nd respondent from the NCDC (4th respondent) so as to procure the fixed asset, but the Society has become defunct due to positive funds to meet the working capital. It is also pointed out in paragraph 5 that, even though the Project Officer had instructed the Secretary to furnish application for financial aid under `revitalisation scheme', no such application has been submitted.
5. Heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for respondents 1,3 and 4.
6. During the course of hearing, it is brought to the notice of this Court by the learned counsel for the petitioner that, as per W.P.C. No.5056 of 2013 4 the audited Balance Sheet of the 2nd respondent Society, a sum of Rs.4,71,416/- (Rupees Four lakhs seventy one thousand four hundred and sixteen only) is due to the petitioner as salary arrears as on 31.03.2012 as borne by Ext.P15. It is stated that, though the Society became defunct, the management of the Society was virtually taken over by the Department and the same now stands vested with the local Coir Inspector. It is for the petitioner, who is the only staff in the 2nd respondent Society, to take care of all the assets, maintain in the records, answer the query raised by the Inspector and such other authorities and meet such other obligations. But such duty is being discharged, virtually without any remuneration. The learned counsel also points out that, Ext.P13 series form the title deeds pertaining to the fixed asset of the 2nd respondent, which is having substantial value as borne by Ext.P14 certificate issued by the concerned Village Officer. The learned counsel also points out that, the steps taken by the petitioner have not turned to be fruitful, though he has already raised the dispute before the competent authority, ie. the 3rd respondent, by virtue of the mandate of Section 65 of the W.P.C. No.5056 of 2013 5 K.C.S. Act & Rules, 1969.
7. After hearing both the sides, this Court finds that, the liability towards the petitioner stands conceded. There is no dispute with regard to the huge liability of the Society towards the financier, ie. the 4th respondent. It is also a matter borne out by the records that the Society is having fixed assets as borne by Ext.P13 series documents and above all, the Society has become defunct for more than one decade. If the Society is not in a position to function and there is no generation of funds having become defunct, it is not known, why the Society should exist further just to increase the liability towards interest and such other heads, besides maintaining the service of the petitioner by accumulating the salary arrears. It is for the departmental authority to consider this aspect and to liquidate the liability by taking appropriate steps or to see whether necessary steps shall be taken to revive the Society and if so, on what terms. Since the dispute raised by the petitioner has evoked only a cold response, this Court finds it fit and proper to direct the 3rd respondent to consider Exts.P9 and P12 and take necessary remedial measures W.P.C. No.5056 of 2013 6 to see that the arrears of salary of the petitioner are paid forthwith, simultaneously considering the steps to be taken to liquidate the liability towards the 4th respondent as well. Since the subject matter of the present writ petition is only with regard to the payment of salary arrears to the petitioner, this Court does not find it necessary to pass any order with regard to the liability to be satisfied to the 4th respondent, as it is always open for respondents 1,3 and 4 to take appropriate proceedings in this regard.
Effective steps shall be taken to ensure disbursement of the due amount to the petitioner, at the earliest, at any rate, within `three months' from the date of receipt of a copy of this judgment.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE sp