Kerala High Court
Kerala State Co-Operative ... vs State Of Kerala on 1 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Wednesday, the 1st day of September 2021 / 10th Bhadra, 1943
WA NO. 1024 OF 2021
AGAINST JUDGMENT DATED 04.03.2021 IN WP(C) 27752/2016 OF THIS COURT.
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APPELLANTS/PETITIONERS IN W.P.(C):
1.KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK EMPLOYEES UNION(BEFI),
AGRICULTURAL DEVELOPMENT BANK BUILDING, STATUE,
THIRUVANANTHAPURAM 695 001, REPRESENTED BY ITS GENERAL SECRETARY,
S. REMESAN, S/O THANKAPPAN, AGED 58 YEARS, RETIRED REGIONAL MANAGER,
KERALA STATE COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK,
RESIDING AT TC 14/1478 (3), ARAPURA LANE, KANNAMMOOLA,
MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM.
2.V.V. LAVOSE, S/O.VARKEY V.O.,AGED 58 YEARS,RETIRED DEPUTY MANAGER,
KSCARD ITM, ERNAKULAM, RESIDING AT VALLINAL HOUSE,
VADAYAMPADY P.O., PUTHENCRUZ (VIA), ERNAKULAM 682 308.
BY ADVS.M/S.M.R.HARIRAJ, THANUJA ROSHAN GEORGE,VISHWAJITH C.K.,
GANGA A.SANKAR,MEERA RAMESH,CHACKOCHEN VITHAYATHIL,GISHA G. RAJ,
REJIVUE K.C.,VISHNU RAJAGOPAL & ALINA ANNA KOSE
RESPONDENTS/RESPONDENTS IN W.P(C):
1.STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT OF KERALA, DEPARTMENT OF COOPERATION,
SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
P.T.O.
2.THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
THIRUVANANTHAPURAM-695 001.
3.KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK,REPRESENTED BY ITS MANAGING DIRECTOR,
AGRICULTURAL DEVELOPMENT BANK BUILDING,STATUE,
THIRUVANANTHAPURAM 695 001.
BY GOVERNMENT PLEADER FOR R1 AND R2
SRI.GEORGE POONTHOTTAM,SERNIOR ADVOCATE
AND ADV.SMT.NISHA GEORGE
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay Exhibit P5 and P8 and to direct the respondents to pay the 2nd
appellant and members of the first appellant who has passed JAIIB/CAIIB
examinations or procured MBA Degree Dearness Allowance additional
increments granted as per Exhibit P1 and P2 to the extend they refuse
Dearness Allowance reckoning advance increments granted as per Ext.P1 and
P2 and direct the respondents not to effect any recovery based on the
impugned orders in Writ Petition.
This Writ Appeal coming on for admission on 01.09.2021, upon
perusing the appeal memorandum, the court on the same day passed the
following:
P.T.O.
EXT.P1:TRUE COPY OF ORDER NO.G2/IIB/2002 DATED 22.02.2003
ISSUED BY THE RESPONDENT NO.3.
EXT.P2:TRUE COPY OF G.O.NO.08/2012/CO OP DATED 16.01.2012.
EXT.P5:TRUE COPY OF ORDER NO.E.M(4) 7419/16(2) DATED 03.05.2016
ISSUED BY THE SECOND RESPONDENT.
EXT.P8:TRUE COPY OF ORDER NO.SW1/ADDL.QUALFN/2016-17
DATED 18.07.2016 ISSUED FOR THIRD RESPONDENT.
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ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
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Writ Appeal No.1024/2021
(Arising out of the judgment in W.P.(C)No.27752/2016 dated 04.03.2021)
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Dated this the 1st day of September, 2021
ORDER
The Government authority in the Co-operation Department will
furnish specific instructions to the learned Government Pleader as to the
reasons and justification for the issuance of Ext.P2 G.O (MS) No.
8/2012/ CO OP dated 16.1.2012, wherein it has been ordered that
additional increments for attainment of JAIIB/CAIIB, MBA etc. will not
be counted for any other service benefits. In that regard an affidavit shall
be filed on behalf of the 1st respondent State Government and the said
affidavit should also deal with scenario where merit incentive increment
is granted to incumbents of the teaching posts covered by UGC scheme
for acquiring qualification higher than the minimum qualification and
whether in such cases additional increment/incentive increment will be
counted as part of basic pay etc. and the rule justifies and if such
incentives/additional increment is not counted as part of basic pay, rules
in the KSR justifies such stand should also be dealt with in the said
affidavit. The relevant portion in the Kerala Service Co-operative Rules
and the Government Orders issued thereunder should also be referred
in the said affidavit to deal with the aspects for justifying Ext.P2.
Writ Appeal No.1024/2021
Learned Senior Government Pleader seeks three weeks time. Time
granted.
List this matter on 24.9.2021
H/O.
Sd/
ALEXANDER THOMAS, JUDGE
sd/
A. BADHARUDEEN, JUDGE
Jm/
01-09-2021 /True Copy/ Assistant Registrar
