IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 8222 OF 2022
PETITIONER:
HAROON RASHEED, AGED 37 YEARS, S/O AMJAD,
KARINKALATHANI, VATTAPARAMBU, MALAPPURAM , PIN-676504.
BY ADVS.
K.N.ABHILASH
SUNIL NAIR PALAKKAT
P.B.MUHAMMED AJEESH
M.A.AHAMMAD SAHEER
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF
THE CO-OPERATIVE SOCIETY, JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCADU POST, THIRUVANANTHAPURAM-695014.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), KANNUR DISTRICT, THAVAKKARA P O,
KANNUR-670002.
4 THE CHIEF EXECUTIVE OFFICER
THE KERALA STATE CO-OPERATIVE BANK, CO BANK TOWERS,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.
SRI.GILBERT GEORGE CORREYA
SRI.JOSHY THANNICKKAMATTAM-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, ALONG WITH WP(C).12780/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 8222 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 12780 OF 2022
PETITIONERS:
1 ROSHAN ABRAHAM, AGED 47 YEARS
W/O.BABLOO, DATA ENTRY OPERATOR, KERALA STATE
CO-OPERATIVE BANK, VAZHUTHACAUD BRANCH,
THIRUVANANTHAPURAM-695010, RESIDING AT SNEHA,
VARA 441A, VATTIYOORKAVU, THIRUVANANTHAPURAM-
695013.
2 SANJU S., AGED 48 YEARS
S/O. G.SADASIVAN, DATA ENTRY OPERATOR, KERALA
STATE CO-OPERATIVE BANK, CO-BANK TOWERS,
PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-
695033, RESIDING AT VANDIPURA VEEDU,
MANNANTHALA, NALANCHIRA P.O.,
THIRUVANANTHAPURAM-695015.
3 SHIVAKUMAR S., AGED 51 YEARS
S/O. SHIVASANKARAN, DATA ENTRY OPERATOR, KERALA
STATE CO-OPERATIVE BANK, CO-BANK TOWERS,
PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-
695033, RESIDING AT SREE SHIVASANKARAM,
VENKULAM, EDAVA P.O., THIRUVANANTHAPURAM-695311.
4 NEEMA K., AGED 50 YEARS, W/O. PRASAD K.S.,
DATA ENTRY OPERATOR, KERALA STATE CO-OPERATIVE
BANK, KANNUR REGIONAL OFFICE, KANNUR-670001,
RESIDING AT NEENA NIVAS, VATTAKULAM, THOTTADA
P.O., KANNUR-670007.
5 RAJEEV V.R., AGED 48 YEARS
S/O. R.RAJENDRAN UNNITHAN, DATA ENTRY OPERATOR,
KERALA STATE CO-OPERATIVE BANK, CO-OPERATIVE
BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695033, RESIDING AT TRRA
173(1), NADAKKAVU LANE, AMBALAMUKKU, PERURKADA
P.O., THIRUVANANTHAPURAM-695005.
WP(C) NO. 8222 OF 2022
3
6 SINDHU K.S., AGED 49 YEARS
W/O. SALIMKUMAR, DATA ENTRY OPERATOR, KERALA
STATE CO-OPERATIVE BANK, CREDIT PROCESSING
CENTRE, ERNAKULAM, KAKKANAD, ERNAKULAM DISTRICT,
PIN-683530, RESIDING AT MALAVYAM, DESEEYAMUKKU,
THRIKKAKARA P.O., ERNAKULAM-682021.
BY ADVS.
C.A.CHACKO
C.M.CHARISMA
ALEKH THOMAS
BABU V.P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR, SAHAKARANA BHAVAN,
THAICAUD, THIRUVANANTHAPURAM-695014.
4 THE CHIEF EXECUTIVE OFFICER,
KERALA STATE CO-OPERATIVE BANK, CO-OPERATIVE
BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695033.
SRI.GILBERT GEORGE CORREYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, ALONG WITH WP(C).8222/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8222 OF 2022
4
JUDGMENT
[WP(C) Nos.8222/2022, 12780/2022] The petitioners in these two cases - which are being heard together taking note of the similarity of the factual matrix presented - are persons who were in the services of various District Co-operative Banks, at the time when they were all merged into the "Kerala Bank". They say that in the "Unification Scheme", there are various anomalies; and consequently, that, resultant thereto, they have all been unfairly accommodated against lower posts in the said Bank, drawing lower scales of pay and salary. They contend that this is illegal and therefore, that the competent Authority must be directed to look into it and rectify the anomalies without any further delay.
2. The afore submissions of Sri.K.N.Abhilash and Smt.C.M.Charisma, learned counsel appearing for the petitioners in these cases, were answered by Smt.Anitha M.George, representing the learned standing counsel for the "Kerala Bank" saying that there are no discrepancies in the "Unification Scheme" and that the petitioners and similarly placed persons have been accommodated against posts which WP(C) NO. 8222 OF 2022 5 attracts the same scale of pay in comparison to their earlier scales in the District Co-operative Banks. She submitted, therefore, that these writ petitions are unnecessary and without merit.
3. The learned Government Pleader - Sri.Joshy Thanikkamattom, submitted that the "Unification Scheme" was propounded by the Government and has already been put into effect. He argued that, therefore, if the petitioners have any grievance, their remedy is to approach the competent Authority under Section 69 of the Kerala Co-operative Societies Act (KCS Act), but cannot maintain writ petitions of this nature before this Court. He added that if the petitioners have subsisting issues, then they must either invoke such remedies or make an apposite representation before the competent Authority of the Government, which can certainly look into it as per law; but prayed that this Court may not make any affirmative declarations in their favour in this judgment.
4. When I consider the afore submissions, it is indubitable that the specific case of the petitioners is that they have been accommodated to a lower rank, drawing WP(C) NO. 8222 OF 2022 6 lesser salary, in the unified bank. However, this is controverted by the "Kerala Bank" with equal vehemence. Obviously, therefore, there is a disputation on facts which will have to be resolved; but this Court cannot do so while acting under Article 226 of the Constitution of India.
5. I am, therefore, of the firm view that the petitioners must either invoke their statutory remedies under Section 69 of the KCS Act; or approach the Government for modification of the "Unification Scheme" with an appropriate representation, so that the same can be then considered in terms of law.
6. I clarify that if the petitioners are to choose the latter option of moving the Government, then they shall do so within a period of one month from today; in which event, its competent Authority will hear them, thus culminating in an appropriate order and necessary action thereon - including on its question of maintainability, as expeditiously as is possible, but not later than three months from the date on which such representations are received.
Needless to say, I also leave liberty to the petitioners to invoke their statutory remedies before the appropriate WP(C) NO. 8222 OF 2022 7 statutory Authority; and if they so choose, it shall also be done within a period of one month from the date of receipt of a copy of this judgment; in which event, it will be considered by the said Authority as per law and a final decision takes on it without any avoidable delay.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 8222 OF 2022 8 APPENDIX OF WP(C) 12780/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RECRUITMENT RULES FOR DISTRICT CO-OPERATIVE BANKS, 1998.
Exhibit P2 TRUE COPY OF REVISED MASTER SCALE AND HIGHER GRADE SCALE OF DATA ENTRY OPERATORS PUBLISHED WITH GO(MS) NO.61/2015/CO.OP DATED 4.5.15.
Exhibit P3 TRUE COPY OF RELEVANT PAGES OF PRIMARY SENIORITY LIST OF EMPLOYEES PUBLISHED BY THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD.
Exhibit P4 TRUE COPY OF ORDER DATED 22.11.2014 OF 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF REPRESENTATION DATED 14.8.17 SUBMITTED BY 1ST PETITIONER BEFORE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF REPRESENTATION DATED 3.10.2020 SUBMITTED BY PETITIONERS 1 TO 3 BEFORE 4TH RESPONDENT WITH COPY TO RESPONDENTS 2 & 3. Exhibit P7 TRUE COPY OF REPRESENTATION DATED 27.1.2021 MADE BY 1ST PETITIONER BEFORE 4TH RESPONDENT.
Exhibit P8 TRUE COPY OF RELEVANT PAGES OF FINAL SENIORITY LIST OF KERALA STATE CO-OPERATIVE BANK.
Exhibit P9 TRUE COPY OF GO(P) NO.119/2021/CO.OP DATED 2.8.21 ALONG WITH RELEVANT PAGES OF RECRUITMENT RULE FOR EMPLOYEES IN KERALA STATE CO-OPERATIVE BANK.
Exhibit P10 TRUE COPY OF REPRESENTATION DATED 13.8.2021 MADE BEFORE THE RESPONDENTS.
WP(C) NO. 8222 OF 2022 9 APPENDIX OF WP(C) 8222/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PROCEEDINGS NO.CB (5) 874/19 DATED 29.11.2019 ALONG WITH THE SCHEME.
Exhibit P2 THE TRUE COPY OF THE PAY SHEET BY THE ERSTWHILE DISTRICT CO-OPERATIVE BANK PRINT DATE 03.03.2022.
Exhibit P3 THE TRUE COPY OF THE UNIFICATION GO (P) NO.17/2022/CO-OPERATIVE DATED 11.02.2022 ALONG WITH ANNEXURE.
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 14.02.2222 SUBMITTED BEFORE THE 1ST AND 4TH RESPONDENT.