Kerala High Court
Shihab.U.P vs The State Of Kerala on 10 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
WP(C) NO. 18596 OF 2021
PETITIONER/S:
1 SHIHAB.U.P.,
AGED 44 YEARS
JUNIOR ACCOUNTANT, MANJERI CO-OPERATIVE URBAN BANK
LTD.1726, COURT ROAD, MANJERI P.O., MALAPPURAM.
2 SREEKUMAR.K.G., JUNIOR ACCOUNTANT, MANJERI CO-
OPERATIVE URBAN BANK LTD.1726, COURT ROAD, MANJERI
P.O., MALAPPURAM.
3 RATHI.M., JUNIOR ACCOUNTANT, MANJERI CO-OPERATIVE
URBAN BANK LTD.1726, COURT ROAD, MANJERI P.O.,
MALAPPURAM.
4 DEVARAJ.K.V., JUNIOR ACCOUNTANT, MANJERI CO-
OPERATIVE URBAN BANK LTD.1726, COURT ROAD, MANJERI
P.O., MALAPPURAM.
BY ADVS.
P.N.MOHANAN
C.P.SABARI
AMRUTHA SURESH
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, CO-
OPERATIVE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
DEPARTMENT OF CO-OPERATION, OFFICE OF THE
REGISTRAR OF CO-OPERATIVE SOCIETEIS, JAWAHAR
SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM-695 014.
WP(C) NO. 18596 OF 2021
-2-
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),OFFICE OF THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES, CIVIL STATION, 1ST FLOOR,
MALAPPURAM-676 505.
4 THE CONCURRENT AUDITOR/ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES(G), MANJERI CO-OPERATIVE URBAN
BANK LTD.1726, COURT ROAD, MANJERI P.O.,
MALAPPURAM-676 121.
5 MANJERI CO-OPERATIVE URBAN BANK LTD.1726,
REPRESENTED BY ITS SECRETARY/GENERAL MANAGER,
COURT ROAD, MANJERI P.O., MALAPPURAM-676 121.
6 BOARD OF DIRECTORS OF MANJERI CO-OPERATIVE URBAN
BANK LTD.1726, REPRESENTED BY ITS CHAIRMAN, COURT
ROAD, MANJERI P.O., MALAPPURAM-676 121.
OTHER PRESENT:
GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 18596 OF 2021
-3-
JUDGMENT
(Dated this the 10th day of September, 2021)
Ext.Nos.P18, 19, 20 and 21 are orders issued by the
5th respondent Bank ordering refund of excess salary drawn
by the petitioners, whereby it was decided to regularise the
promotion to the post of the Junior Clerk with effect from
2.4.2005, i.e., the date on which 3 years of service is
completed in the post of Peon and on completion of 8
years of service in the post of Junior Clerk, to regularise the
1st and 2nd higher grade disbursed with effect from 2.4.2013
and 2.4.2021 respectively. On account of re-fixation of the
pay certain amounts as reflected in the impugned orders
were required to be refunded, but the same has not be done.
I am of the view that the aforementioned orders
passed by the General Manager of the Society is amenable
to the jurisdiction under Section 69 of the Kerala Co-
operative Societies Act. Challenge to the proviso to Rule
185 of the said Act before this Court cannot be permitted at
WP(C) NO. 18596 OF 2021
this stage as per the convenience of the petitioner. In this
view of the matter, the petitioner is relegated to avail the
remedy, in accordance with law. Writ Petition is disposed
of accordingly.
Sd/-
AMIT RAWAL, JUDGE.
dl/
WP(C) NO. 18596 OF 2021
APPENDIX OF WP(C) 18596/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 02.04.2002 ISSUED IN RESPECT OF
THE FIRST PETITIONER BY THE SIXTH
RESPONDENT.
Exhibit P2 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 02.04.2002 ISSUED IN RESPECT OF
THE SECOND PETITIONER BY THE SIXTH
RESPONDENT.
Exhibit P3 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 02.04.2002 ISSUED IN RESPECT OF
THE THIRD PETITIONER BY THE SIXTH
RESPONDENT.
Exhibit P4 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 02.04.2002 ISSUED IN RESPECT OF
THE FOURTH PETITIONER BY THE SIXTH
RESPONDENT.
Exhibit P5 A TRUE COPY OF THE JOINT PROMOTION ORDER
BY BOARD RESOLUTION NO.604 DATED
13.01.2004 ISSUED BY THE FIFTH
RESPONDENT IN RESPECT OF THE PETITOTENRS
AND OTHERS.
Exhibit P6 A TRUE COPY OF THE RELEVANT PAGES OF THE
FEEDER CATEGORY APPROVED BY THE JOINT
REGISTRAR.
Exhibit P7 A TRUE COPY OF THE PROMOTION ORDER DATED
13.06.2019 OF THE FIFTH RESPONDENT
ISSUED IN RESPECT OF THE FIRST
PETITIONER.
WP(C) NO. 18596 OF 2021
Exhibit P8 A TRUE COPY OF THE FIRST HIGHER GRADE
SANCTIONED BY AN ORDER DATED 10.04.2012
IN RESPECT OF THE FIRST PETITIONER
ISSUED BY THE FIFTH RESPONDENT.
Exhibit P9 A TRUE COPY OF THE FIRST HIGHER GRADE
SANCTIONED BY AN ORDER DATED 10.04.2012
IN RESPECT OF THE SECOND PETITIONER
ISSUED BY THE FIFTH RESPONDENT.
Exhibit P10 A TRUE COPY OF THE FIRST HIGHER GRADE
SANCTIONED BY AN ORDER DATED 10.04.2012
IN RESPECT OF THE THIRD PETITIONER
ISSUED BY THE FIFTH RESPONDENT.
Exhibit P11 A TRUE COPY OF THE FIRST HIGHER GRADE
SANCTIONED BY AN ORDER DATED 10.04.2012
IN RESPECT OF THE FOURTH PETITIONER
ISSUED BY THE FIFTH RESPONDENT.
Exhibit P12 A TRUE COPY OF THE SECOND HIGHER GRADE
ORDER DATED 18.05.2020 ISSUED BY THE
FIFTH RESPONDENT IN RESPECT OF THE FIRST
PETITIONER.
Exhibit P13 A TRUE COPY OF THE SECOND HIGHER GRADE
ORDER DATED 18.05.2020 ISSUED BY THE
FIFTH RESPONDENT IN RESPECT OF THE THIRD
PETITIONER.
Exhibit P14 A TRUE COPY OF THE SECOND HIGHER GRADE
ORDER DATED 18.05.2020 ISSUED BY THE
FIFTH RESPONDENT IN RESPECT OF THE
FOURTH PETITIONER.
Exhibit P15 A TRUE COPY OF THE GO(P) NO.149/10/CO.OP
DATED 18.08.2010.
Exhibit P16 A TRUE COPY OF THE GO(P)
NO.114/2015/CO.OP 04.09.2015.
WP(C) NO. 18596 OF 2021
Exhibit P17 A TRUE COPY OF THE APPROVAL OF THE
CONCURRENT AUDITOR WITH REGARD TO THE
PAY FIXATION IN RESPECT OF THE FIRST
PETITIONER.
Exhibit P18 A TRUE COPY OF THE ORDER DATED
17.08.2021 ISSUED IN RESPECT OF THE
FIRST PETITIONER WITH ENGLISH
TRANSLATION.
Exhibit P19 A TRUE COPY OF THE ORDER DATED
17.08.2021 ISSUED IN RESPECT OF THE
SECOND PETITIONER WITH ENGLISH
TRANSLATION.
Exhibit P20 A TRUE COPY OF THE ORDER DATED
17.08.2021 ISSUED IN RESPECT OF THE
THIRD PETITIONER WITH ENGLISH
TRANSLATION.
Exhibit P21 A TRUE COPY OF THE ORDER DATED
17.08.2021 ISSUED IN RESPECT OF THE
FOURTH PETITIONER WITH ENGLISH
TRANSLATION.
Exhibit P22 A TRUE COPY OF THE JUDGMENT AS REPORTED
IN 2018 (3) KLT 347.
