Peter Joseph M vs Joint Registrar (General) Of ...
2021 Latest Caselaw 7024 Ker

WP(C).No.8721 OF 2012(M)

                                  1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

    MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                       WP(C).No.8721 OF 2012(M)


PETITIONER/S:

                PETER JOSEPH M.,
                SENIOR CLERK, IRINJALKKUDA TOWN CO-OPERATIVE BANK
                LTD., IRINJALAKUDA, THRISSUR DISTRICT.

                BY ADVS.
                SRI.B.K.PURUSHOTHAMAN
                SRI.B.V.BALAKRISHNAN
                SRI.B.K.GOPALAKRISHNAN

RESPONDENT/S:

      1         JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE
                SOCIETIES,
                THRISSUR-680001.

      2         STATE OF KERALA,
                REPRESENTED BY THE SECRETARY TO GOVT., CO-OPERATIVE
                DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
                -695001.

      3         IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD
                IRINJALAKUDA, TANA, THRISSUR DIST. - 680121.

                R1 BY GOVERNMENT PLEADER
                R1 BY ADV. SRI.PLEASANT.T.SAMUEL
                R1, R3 BY ADV. SRI.N.P.SAMUEL

OTHER PRESENT:

                GP SRI B HARISH KUMAR

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                           JUDGMENT

Dated this the 1st day of March 2021

The question involved in the present writ petition is "whether

the Government employees working in the Co-operative Department

can be treated at par with the employees working in Co-operative

Societies for the purpose of claiming higher grade benefits".

2. The facts in brief are that the petitioner, in the year 1989,

entered the service of the 3 rd respondent Bank as Junior Clerk On

14.12.1995, was appointed as Senior Clerk, without any benefit of

promotion, though was fully qualified. On completion of ten(10)

years service in the category of Senior Clerk, the petitioner was

sanctioned the First Time Bound Higher Grade on 14.12.2005.

3. Learned Counsel for the petitioner submitted that

according to the scheme of time bound higher grade, the petitioner

was entitled for the second higher grade on completion of sixteen

16 years service in the category of Senior Clerk as per the salary

revision order 2010 with effect from 1.4.2008. In this regard a

detailed representation was submitted before the 3 rd respondent

vide Ext.P1. However, the same was rejected by the 3 rd respondent

stating that the petitioner is not eligible for the 2 nd time bound

higher grade benefit as per the prevailing rules and guidelines. The

above view of the 3rd respondent Bank is against the spirit of the WP(C).No.8721 OF 2012(M)

Government Circular dated 23.7.1999, wherein it was clarified

that the transfer appointments have to be treated as equivalent to

entry cadre for sanctioning the benefit of time bound higher

grade. The Co-operative Department also issued Circular

No.35/99 dated 15.10.1999, Ext.P4 by clarifying that all

Inspector/Auditors of the Co-operative Department would be

eligible for time bound higher grade on completion of requisite

number of years of service in the category concerned and

therefore, the petitioner is also entitled for the benefit as per

Exts.P3 and P4 Circulars. Aggrieved by the illegal rejection of the

request for sanction of 2nd higher grade, petitioner submitted a

representation before the 1 st respondent. However, the 1 st

respondent Vide communication Ext.P6 held that the petitioner

had already been given one promotion on 14.12.1995 and a grade

promotion on 14.12.2005, thus availed the benefit of two grades.

4. Per contra, Sri.Harish Kumar, learned Government

Pleader submitted that as per the prevailing rules and guidelines,

employees of the Co-operative Bank above the sub staff category

are eligible only for two(2) higher grades. Accordingly, the

petitioner was allowed first promotion on 14.12.1995 and second

grade promotion on 14.12.2005. It was also submitted that the

eligibility criteria for grade benefits of Government employees WP(C).No.8721 OF 2012(M)

working under the Co-operative Department and also employees

working in the co-operative Societies are different.

5. I have heard learned Counsel for the parties and

appraised the paper books.

6. On perusal of Exts.P3 and P7 circulars it is discerned

that the benefits of first and second time bound higher grade is

eligible only to state Government employees of state Co-operative

Department after rendering eight (8) years and sixteen(16) years

of service and to cooperative societies employees. In my view, the

respondents are justified in not granting aforementioned benefits

as the petitioner was promoted two times. No ground of

interference is made out. The writ petition is, accordingly,

dismissed.

Sd/

AMIT RAWAL

JUDGE

Jm/ WP(C).No.8721 OF 2012(M)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTO COPY OF PETITION SUBMITTED BY PETITIONER BEFORE R3 ON 6.2.11.

EXHIBIT P2 PHOTO COPY OF ORDER DATED 3.1.12 ISSUED BY R3.

EXHIBIT P3 PHOTO COPY OF GOVT. CIRCULAR NO.4676/A3/99/COOP. DATED 23.7.99 ISSUED BY R2.

EXHIBIT P4 PHOTO COPY OF CIRCULAR NO.35/99 DATED 15.10.99 ISSUED BY REGISTRAR OF CO-OP.

SOCIETIES.

EXHIBIT P5 PHOTO COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE R1 ON 4.1.12.

EXHIBIT P6 PHOTO COPY OF ORDER NO.C.R.B.361/12 DATED 22.2.2012.

EXHIBIT P7 PHOTO COPY OF ORDER G.O.(P)NO.494/07/FIN.

DATED 9.10.2007 ISSUED BY R2.