Kerala High Court
Jithesh Kumar.T.K vs Purameri Service Co-Operative Bank on 25 February, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938
WP(C).No. 7119 of 2014 (L)
---------------------------
PETITIONER:
-----------
JITHESH KUMAR.T.K, BRANCH MANAGER,
PURAMERI SERVICE CO-OPERATIVE BANK
LTD.NO.F.1271, P.O PURAMERI,
KOZHIKODE - 673 503.
BY ADVS.SRI.P.N.MOHANAN
SMT.I.VINAYAKUMARI
SRI.K.N.AJAYAN
SRI.C.P.SABARI
RESPONDENT(S):
--------------
1. PURAMERI SERVICE CO-OPERATIVE BANK
LTD.NO.F 1271, REPRESENTED BY SECRETARY,
P.O.PURAMERI, KOZHIKODE - 673 503.
2. REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM - 695 001.
3. STATE OF KERALA,
REPRESENTED BY SECRETARY,
CO-OPERATIVE DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
R1 BY ADV. SRI.U.K.DEVIDAS
R2 & R3 BY SENIOR GOVT. PLEADER SRI.B.VINOD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02-11-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
mbr/
WP(C).No. 7119 of 2014 (L)
---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS:
-----------------------
EXHIBIT P1 : COPY OF THE PAY REVISION ORDER NO.36/11
DATED 25/2/2011 OF THE REGISTRAR.
EXHIBIT P2 : COPY OF THE CIRCULAR NO.27/11 DATED 2/4/2011 OF
THE REGISTRAR.
EXHIBIT P3 : COPY OF THE ORDER DATED 30/7/2011 OF THE BANK.
EXHIBIT P4 : COPY OF THE ORDER DATED 6/6/13 OF THE
GOVERNMENT.
RESPONDENT(S)' EXHIBITS: NIL
-----------------------
//TRUE COPY//
P.S. TO JUDGE
mbr/
A. MUHAMED MUSTAQUE, J.
--------------------------------------------------
W.P.(C) No. 7119 of 2014
--------------------------------------------------
Dated this the 2nd day of November, 2016
J U D G M E N T
1.The petitioner has approached this Court aggrieved by Ext.P2 circular issued by the 2nd respondent, restricting the employees from exercising option on promotion, for new pay scale.
2.The petitioner points out that as per para 18 of the Ext.P1 G.O., revising the salary of the employees with effect from 01.04.2009, the employees can opt a date in between 01.04.2009 to 31.03.2010 to come over to the new pay scale. However, by Ext.P2 circular, the Registrar restricted the employees from exercising option on promotion, for new pay scale.
3.It appears that Ext.P2 circular restricts an employee from exercising option on promotion for new pay scale inasmuch as the Government permits the employee to exercise option in between 01.04.2009 to 31.03.2010 to come over to the new pay scale, which cannot be W.P.(C) No. 7119 of 2014 ..2..
restricted by the Registrar while issuing a circular under Section 66A of the Co-operative Societies Act. Therefore, this Court is of the view that Ext.P2 circular has to be set aside to the extent it restricts the employee from exercising option in between 01.04.2009 to 31.03.2010 to come over to the new pay scale.
4.Accordingly, the writ petition is disposed of, as follows; 7 Ext.P2 circular is set aside to the extent it restricts the employee from exercising option in between 01.04.2009 to 31.03.2010 to come over to the new pay scale.
7 Ext.P3, rejecting the revised option exercised by the petitioner, and Ext.P4, confirming the rejection, are also set aside.
7 In view of the fact that the petitioner has exercised option on 01.03.2010, consequential benefits shall be given to the petitioner.
Sd/-
A. MUHAMED MUSTAQUE JUDGE bka/-