Kerala High Court
Shajee M.K vs Kasaragod District Co-Operative ... on 6 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TH
TUESDAY, THE 6 DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 30617 OF 2019
PETITIONER/S:
1 SHAJEE M.K.,
BRANCH MANAGER, KASARAGOD DISTRICT CO-OPERATIVE BANK LTD., KALIKADAVU
BRANCH, KASARAGOD-671310.
2 SUDHEESH A.,
JUNIOR INSPECTOR, KASARAGOD DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE,
KASARAGOD-671313.
3 SAJEESH N. NAIR,
JUNIOR ACCOUNTANT, IDUKKI DISTRICT CO-OPERATIVE BANK LTD., ADIMALY MAIN
BRANCH, IDUKKI-685561.
4 ANILKUMAR G.,
JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KANNANALLUR
BRANCH, KANNANALLUR, KOLLAM-691576.
5 PRAKASH K.,
SENIOR ACCOUNTANT, AUDIT SECTION UP HILL MALAPPURAM DISTRICT CO-OPERATIVE
BANK LTD., MALAPPURAM-676505.
BY ADVS.
P.RAVINDRAN (SR.)
SMT.APARNA RAJAN
SRI.SREEDHAR RAVINDRAN
RESPONDENT/S:
1 KASARAGOD DISTRICT CO-OPERATIVE BANK LTD.,
KASARAGOD -671121, REP. BY ITS ADMINISTRATOR.
2 MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD.,
MALAPPURAM-676505, REP. BY ITS ADMINISTRATOR.
3 KOLLAM DISTRICT CO-OPERATIVE BANK LTD.,
KOLLAM-691001, REP. BY ITS ADMINISTRATOR.
4 IDUKKI DISTRICT CO-OPERATIVE BANK LTD.,
IDUKKI-685603,REPRESENTED BY ITS ADMINISTRATOR.
5 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
WP(C) NO. 30617 OF 2019 and concd case
2
6 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM-695001.
7 OMANAKUTTAN ACHARY,
CLERK/CASHIER, ESTABLISHMENT SECTION, KOLLAM DISTRICT CO-OPERATIVE BANK,
HEAD OFFICE, KOLLAM-691001.
8 ADDL R8, O.SABU, S/O.GOPALALAN,
AGED 49 YEARS
RESIDING AT CHANGALEERY P.O, MANNARKKAD, PIN-678 762(NOW WORKING AS
MANAGER, PALAKKAD DISTRICT CO-OPERATIVE BANK MANNARKKADU EVENING BRANCH)
9 ADDL R9, JAMSHED, A.K,
AGED 41 YEARS
S/O.MOHAMMED, RESIDING AT ALAKKUZHIYAN, MANNARKKADU COLLEGE P.O, PIN-678
583 (NOW WORKING AS SENIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE
BANK, MANNARKKADU EVENING BRANCH)
10 ADDL R10 MANIKANTAN.K.
AGED 43 YEARS
SREEDHARA PANICKER, RESIDING AT KALARIKKAL HOUSE, ARIYOOR.P.O, PIN-68583
(NOW WORKING AS CLERK, PALAKKAD DISTRICT CO-OPERATIVE BANK)
11 ADDL R11 S.KUMARAN,
AGED 53 YEARS
S/O. SWAMINATHAN, RESIDING AT CHAAMAN, PANAMKUTTI, PERUMVEMBA P.O,
PALALKKAD-678 5 531 (NOW WORKING AS PEON, PALALKKAD DISTRICT CO-OPERATIVE
BANK, MAIN BRANCH.
ARE IMPLEADED AS PER ORDER DATED 11-12-2019 IN IA 1/2019
BY ADVS.
SRI.M.SASINDRAN, SC, KASARAGOD DISTRICT CO-OPERATIVE BANK LIMITED
SRI.E.S.M.KABEER,SC,MALAPPURAM DIST.CO-
SRI.ANCHAL C.VIJAYAN
K.GOPALAKRISHNA KURUP (SR.)
SMT.ANUROOPA JAYADEVAN
SHRI.ASHRUTH NASER
OTHER PRESENT:
GP SRI B HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2021,
ALONG WITH WP(C).30516/2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 30617 OF 2019 and concd case
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TH
TUESDAY, THE 6 DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 30516 OF 2019
PETITIONER/S:
1 JAYACHANDRAN P.D.,
AGED 50 YEARS
ACCOUNTANT, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., PATTIKAD BRANCH,
THRISSUR, RESIDING AT PARAKKAPADAVIL HOUSE, PEECHI P.O., THRISSUR
DISTRICT, PIN - 680 653.
2 ULLAS KUMAR P.,
MANAGER, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD., MALLAPPALLY
BRANCH, PATHANAMTHITTA, RESIDING AT CHIRAYIL HOUSE, NORTH ARYAD,
MANNANCHERRY P.O., ALAPPUZHA DISTRICT, PIN - 688 539.
3 FRANCIS K.O.,
ACCOUNTANT, ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., NERIYAMANGALAM
BRANCH, NERIYAMANGALAM, ERNAKULAM, RESIDING AT KOZHIKATTA HOUSE,
KOOVAPPADY P.O., AIMURY, ERNAKULAM DISTRICT, PIN - 683 544.
4 SHAJAHAN M.,
SENIOR ACCOUNTANT/SENIOR INSPECTOR, THIRUVANANTHAPURAM DISTRICT CO-
OPERATIVE BANK, VELLARADA BRANCH, THIRUVANANTHAPURAM, RESIDING AT SHINI
GARDEN, KANDALA P.O., KUVALLASSERY (VIA), THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
SRI.ADITHYA RAJEEV
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION (B) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM, PIN - 695 001.
WP(C) NO. 30617 OF 2019 and concd case
4
3 THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD.,
REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, THRISSUR, PIN - 680 022.
4 THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD.,
REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, PATHANAMTHITTA, PIN -
689 645.
5 THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD.,
REPRESENTED BY ITS GENERAL MANGER, HEAD OFFICE, ERNAKULAM,
PIN - 682 031.
6 THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD.,
REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE,
THIRUVANANTHAPURAM, PIN - 695 001.
BY ADVS.
GOVERNMENT PLEADER
SRI.T.P.PRADEEP
SRI.N.RAGHURAJ
SRI.THOMAS ABRAHAM SC THIRUVANANTHAPURAM DIST. CO.OP BANK
P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2021,
ALONG WITH WP(C).30617/2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 30617 OF 2019 and concd case
5
JUDGMENT
[WP(C) Nos.30617/2019, 30516/2019]
This order of mine shall dispose of two writ petitions
wherein the petitioners are claiming protection of pay as the
petitioners are direct recruiters.
Counsel for the petitioners submitted that the employees
of the respondent Co-operative Bank appointed directly along
with the respondent Society quota under Rule 187 of the Kerala
Co-operative Societies Act ought to have been granted the
protection of pay. At this stage of the hearing of the matter,
attention of this Court has been brought to the judgment dated
9.3.2021 in W.P.(C) No.10514/2020 whereby the impugned
orders dated 8.12.2017 and 30.10.2019 have been though
challenged, this Court considering the fact directed the
respondents to protect the pay of the petitioners as has been
granted to other employees as per the order Ext.P12 referred to
therein. The petitioners are also similarly situated and their
WP(C) NO. 30617 OF 2019 and concd case
pay is ordered to be protected in terms of the judgment referred
to above.
Writ petitions are disposed, accordingly.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 30617 OF 2019 and concd case
APPENDIX OF WP(C) 30516/2019
PETITIONER ANNEXURE
EXHIBIT P1 A TRUE COPY OF THE G.O.(MS) NO.49/2015/CO-OP DATED
31/03/2015.
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE
THE 1ST RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE
THE 2ND RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER DATED 10/04/2015 IN
WP(C) NO.12267 OF 2015.
EXHIBIT P5 A TRUE COPY OF THE G.O(RT) NO.421/2012/CO-OP DATED
01/08/2012.
EXHIBIT P6 A TRUE COPY OF THE G.O.(MS) NO.119/2015/CO-OP DATED
22/09/2015.
EXHIBIT P7 A TRUE COPY OF THE G.O.(MS) NO.39/2017/CO-OP DATED
08/12/2017.
EXHIBIT P8 A TRUE COPY OF THE INTERIM ORDER DATED 19/12/2017 IN
WP(C) NO.40896 OF 2017.
EXHIBIT P9 A TRUE COPY OF THE CIRCULAR NO.57/2017 DATED
27/12/2017 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE JUDGMENT DATED 26/07/2019 IN
WP(C) NO.1050 OF 2018.
EXHIBIT P11 A TRUE COPY OF THE NOTICE DATED 04/09/2019 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P12 A TRUE COPY OF THE ARGUMENT NOTE WITHOUT ANNEXURES,
SUBMITTED BY PETITIONERS 1 AND 2 AND OTHERS BEFORE
THE 1ST RESPONDENT.
EXHIBIT P13 A TRUE COPY OF THE G.O.(ORD) NO.635/2019/CO-OP DATED
30/10/2019 ISSUED BY THE 1ST RESPONDENT.
WP(C) NO. 30617 OF 2019 and concd case
APPENDIX OF WP(C) 30617/2019
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER DATED
01.08.2012, G.O.(RT) NO.422/12/CO-OP.
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED
31.03.2015 NO.G.O.(RT) NO.49/15-CO-OP.
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER DATED
24.04.2015 NO.G.O.(RT) NO.59/15-CO-OP.
EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER DATED 22.9.2015
NO.G.O.(RT) NO.119/2015-CO-OP.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION OF THE GOVERNMENT
DATED 8.12.15 ISSUED TO 6TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION OF THE 6TH
RESPONDENT DATED 23.12.15.
EXHIBIT P7 TRUE COPY OF THE GOVERNMENT ORDER DATED
08.12.2017 NO.G.O.(RT) NO.39/2017/CO-OP.
EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO.57/2017 DATED
27.12.2017 E.M.(1)56621/2017.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.NO.15793/2015
DATED 26.7.19.
EXHIBIT P10 TRUE COPY OF THE ORDER OF THE GOVERNMENT DATED
30.10.2019 NO.G.O.(RT)(ORDINARY) NO.635/19-CO-OP.
EXHIBIT-R7(a) TRUE COPY OF THE NOTIFICATION DATED 15.03.2014
FOR DIRECT RECRUITMENT PUBLISHED BY THE KERALA
PUBLIC SERVICE COMMISSION.
EXHIBIT-R7(b) TRUE COPY OF THE NOTIFICATION DATED 15.03.2014
FOR SOCIETY QUOTA PUBLISHED BY THE KERALA PUBLIC
WP(C) NO. 30617 OF 2019 and concd case
SERVICE COMMISSION
EXHIBIT-R7(c) TRUE COPY OF THE COMMUNICATION E.M(1) 58445/2015
DATED 23.12.2015 ISSUED FROM THE OFFICE OF THE
6TH REPONDENT TO GENERAL MANAGER OF DISTRICT CO-
OPERATIVE BANKS.
EXHIBIT-R7(d) TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.3438/2016
DATED 03.03.2016 OF THIS HONBLE COURT.
EXHIBIT-R7(e) TRUE COPY OF THE COMMUNICATION
NO.13582/B/2/2011/CO-OP DATED 16.03.2012 ISSUED
BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT.
EXHIBIT-R7(f) TRUE COPY OF THE COMMUNICATION DATED 02.04.2012
ISSUED BY THE 6TH RESPONDENT TO THE GENERAL
MANAGERS OF KOLLAM AND THRIVANANTHAPURAM DISTRICT
CO-OPERATIVE BANKS.
EXHIBIT-R7(g) TRUE COPY OF THE CIRCULAR NO.60/2018 ISSUED BY
THE 6TH RESPONDENT.
EXHIBIT-R7(h) TRUE COPY OF THE G.O(MS) NO.51/2015/CO-OP DATED
31.03.2015 ISSUED BY THE 1ST RESPONDENT.
