Kerala High Court
Luis P Cherian vs State Of Kerala on 22 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
WP(C).No.5238 OF 2021(D)
PETITIONERS:
1 LUIS P CHERIAN
S/O.P.J.CHERIAN, PALAKKUNNEL HOUSE,
KOOTHIRAPALLY POST, KARUKACHAL,
KOTTAYAM, PIN-686 540.
2 TOMY THOMAS,
S/O.T.C.THOMAS, OLICKALTHAKIDIYIL HOUSE,
KANJIRAMATTAM POST,
CHENGALAM, KOTTAYAM, PIN-686 585.
3 SOBHANA.T.S.,
W/O.MOHANDAS.A.M.,
ARANAPPURA HOUSE, NEDUMKUNNAM POST,
KOTTAYAM, PIN-686 541.
4 AMBUJAKUMARI.M.R.,
VAAKKEDATHU HOUSE, N S H M POST,
KOTTAYAM.
5 VENUGOPAL.T.S.,
THAMBITHARAYIL HOUSE,
PADINJAREKKARA POST, VAIKOM,
VAIKOM, KOTTAYAM.
6 AMBIKA K.S.,
VAYALIL HOUSE, MANARKADU POST,
KOTTAYAM, PIN-686 019.
BY ADV. SHRI.VINOD VALLIKAPPAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
W.P(C).5238/2021
2
2 THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO OPERATIVE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 KERALA STATE CO OPERATIVE BANK LTD.,
REPRESENTED BY THE CHIEF EXECUTIVE OFFICE,
CO BANK TOWER, PALAYALAM,
THIRUVANANTHAPURAM-695 033.
4 GENERAL MANAGER,
KERALA STATE CO-OPERATIVE BANK LTD.
(FORMERLY DISTRICT CO OPERATIVE BANK, KOTTAYAM),
EERAYIL KADAVU, KOTTAYAM-686 001.
R3 BY ADV. SRI.GILBERT GEORGE CORREYA
R4 BY ADV. SRI.ATHUL SHAJI
OTHER PRESENT:
SR.GP BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).5238/2021
3
JUDGMENT
Petitioners are employed in the Kottayam District Co-operative
Bank as Probationary Clerk/cashier on the basis of written test and
interview.
2. The grievance of the petitioners is that, they have not been
allowed increments at par with the persons recruited on the basis of
test conducted by the PSC. According to the petitioners, the above
benefit should be extended to them since they also stand on the same
footing. Raising this grievance, Ext.P8 application was submitted. They
want it to be considered in the light of Ext.P7 order.
3. After hearing the learned counsel for the petitioners, learned
Standing Counsel and the learned Senior Government Pleader, I am
inclined to dispose of the Writ Petition by directing the second
respondent to consider Ext.P8 application.
Hence, I am inclined to direct the 3 rd and 4th respondents/Bank to
consider Ext.P8 in the light of Ext.P7 Government Order. A decision
shall be taken within a period of one month from the date of receipt of a
copy of this judgment.
Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
Sbna JUDGE
W.P(C).5238/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEMO DATED 17.04.1995 OF
THE 1ST PETITIONER.
EXHIBIT P1 A TRUE COPY OF THE MEMO OF APPOINTMENT DATED
09.04.1990 OF THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE MEMO DATED 17.04.1995 OF
THE 2ND PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE UNDATED APPOINTMENT ORDER
OF THE 2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE MEMO DATED 17.04.1995 OF
THE 3RD PETITIONER.
EXHIBIT P4 TRUE COPY OF THE MEMO DATED 17.04.1995 OF
THE 4TH PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE DATED
11.04.1994 OF THE 4TH PETITIONER.
EXHIBIT P5 TRUE COPY OF THE MEMO DATED 17.04.1995 OF
THE 5TH PETITIONER.
EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE OF EMPLOYMENT
ISSUED BY THE PRESIDENT OF THE SOCIETY
DATED 05.04.1995.
EXHIBIT P6 TRUE COPY OF THE MEMO DATED 17.11.1999 OF
THE 6TH PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE APPOINTMENT ORDER DATED
30.01.1992.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.635/2019/COOP
ISSUED BY THE ADDITIONAL SECRETARY TO
GOVERNMENT OF KERALA DATED 30.10.2019.
