K.C. Karunakaran vs State Of Kerala And Ors
2021 Latest Caselaw 18516 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE AMIT RAWAL
 WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                      WP(C) NO. 18026 OF 2011
PETITIONER:

             K.C. KARUNAKARAN, BRANCH MANAGER
             PAZHASSI SERVICE CO-OPERATIVE BANK LTD. NO.1532,,
             MATTANNUR P.O.-670702, KANNUR DISTRICT.

           BY ADVS.
           SRI.M.RAMESH CHANDER
           SMT.K.A.SANJEETHA



RESPONDENTS:

     1       STATE OF KERALA REPRESENTED BY SECRETARY TO
             GOVERNMENT, CO-OPERATION DEPARTMENT,
             TRIVANDRUM-695001.

     2       THE REGISTRAR, CO-OPERATIVE SOCIETIES,
             TRIVANDRUM-695001.

     3       THE JOINT REGISTRAR,
             CO-OPERATIVE SOCIETIES (GENERAL), KANNUR-670001.

     4       THE PAZHASSI SERVICE CO-OPERATIVE BANK
             LTD. NO.1532, MATTANNUR P.O.-670 702, KANNUR,
             DISTRICT REPRESENTED BY ITS SECRETARY.

           BY ADVS.
           SRI.CIBI THOMAS
           SRI.D.SOMASUNDARAM


             GP SRI JIMMY GEORGE


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.09.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 18026 OF 2011
                                        -2-




                                  JUDGMENT

Prayer of the petitioner in the instant writ

petition is as follows:

"i) issue a writ of mandamus directing or compelling the respondents to refix the pay of the petitioner pursuant to Ext.P1 as 10885-28005 and also direct the respondents to give him due weightage of service as per Ext.P1 as he completed 20 years of service as on 20.0.2009."

2. Procedurely the aforementioned prayer

cannot be adjudicated by exercising the powers

under Article 226 of the Constitution of India, as

a remedy for that is in the Arbitration Court under

the Co-operative Societies Act.

3. In my view, the petitioner has an

efficacious alternative remedy to challenge the

same under Section 69 of the Kerala Co-operative

Societies Act. The writ petition is disposed of

with liberty to the petitioner to avail the

alternative remedy. In case the petitioner avails

the remedy within a period of 45 days from the date WP(C) NO. 18026 OF 2011

of receipt of a copy of this judgment, the

objection qua the limitation would not be taken.

Sd/-

AMIT RAWAL JUDGE hmh WP(C) NO. 18026 OF 2011

APPENDIX PETITIONER EXHIBITS

EXHIBIT P1 PHOTOSTAT COPY OF THE NOTIFICATION OF THE GOVERNMENT DATED 25.02.2011

EXHIBIT P2 PHOTOSTAT COPY OF THE STATEMENT OF FIXATION OF PAY

EXHIBIT P3 PHOTOSTAT COPY OF THE STATEMENT OF FIXATION OF PAY.

EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.27/2011 DATED 02.04.201

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 01.06.2011 FILED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 4.

EXHIBIT P6 PHOTOSTAT COPY OF THE COMMUNICATION DATED 29.10.2011 ISSUED BY THE 3RD RESPONDENT.

RESPONDENT EXHIBITS

EXHIBIT R1(A) TRUE COPY OF THE FIXATION STATEMENT OF THE 1ST PETITIONER

EXHIBIT R1(B) TRUE COPY OF THE FIXATION STATEMENT OF THE 2ND PETITIONER

EXHIBIT R3(A) TRUE COPY OF THE FIXATION STATEMENT