P.Abdul Khader vs State Of Kerala
2022 Latest Caselaw 11881 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                       WP(C) NO. 14780 OF 2021
PETITIONER:

          P.ABDUL KHADER, AGED 49 YEARS, S/O. KUNHIMOIDU,
          WORKING AS ACCOUNTANT, VALLAPUZHA SERVICE CO-OPERATIVE
          BANK LTD NO. K. 1207, KULUKKALLUR BRANCH, PATTAMBI,
          PALAKKAD DISTRICT, RESIDING AT PAPPANKATTIL HOUSE,
          P.O CHERUKODE, VALLAPPUZHA, PALAKKAD - 679 336.

          BY ADVS.NIRMAL V NAIR
          AJAI BABU


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
          GOVERNMENT, DEPARTMENT OF CORPORATION, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    2     THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
          OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIETIES,
          JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O,
          THIRUVANANTHAPURAM, KERALA-695 014.

    3     THE VALLAPUZHA SERVICE CO-OPERATIVE BANK LTD NO. K 1207
          H.O NELLAYA, NELLAYA P.O, PALAKKAD DISTRICT,
          PIN 679 335, REPRESENTED BY ITS SECRETARY.

    4     THE PRESIDENT, THE VALLAPUZHA SERVICE CO-OPERATIVE BANK
          LTD NO. K 1207, H.O NELLAYA, NELLAYA P.O,
          PALAKKAD DISTRICT, PIN 679 335.

          BY ADV P.N.MOHANAN
          SRI.JOSHY THANNICKAMATTAM, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14780 OF 2021
                                -2-

                         JUDGMENT

The petitioner, who is working as an

Accountant in the services of the 3 rd respondent

- 'Vallapuzha Service Co-operative Bank Ltd.'

('Society', for short), impugns Ext.P7 order

issued by it, which determines his pay and

consequential benefits, reckoning the basic pay

being Rs.21,360/- as on 01.04.2019; and asserts

that he is entitled to have the same re-fixed in

accordance with the basic pay actually drawn by

him on the afore date.

2. Sri.P.N.Mohanan - learned Standing

Counsel for the Society, responded to the afore

submissions of Sri.Nirmal V.Nair - learned

counsel for the petitioner, saying that, if this

Court is so inclined, his client is willing to

reconsider Ext.P7, after hearing the petitioner.

He explained that he is making this submission WP(C) NO. 14780 OF 2021

because Ext.P7 is a statement of fixation of

pay of the petitioner, consequent to revision of

scales of pay in terms of a Government Order;

and therefore, that if the petitioner has valid

substantiation for the claim made by him, it can

certainly be considered.

3. Sri.Nirmal V.Nair, in reply, submitted

that, as is evident from Ext.P6, the pay scale

of an employee has to be fixed based on the

actual pay drawn by him on 01.04.2019. He

submitted that, therefore, Ext.P7 certainly

cannot find legal support.

4. I have considered the afore submissions

and have also gone through Ext.P6. I must say

that, prima facie, there is some force in the

submissions of the petitioner.

5. I am, therefore, of the firm view that

entire matter will require to be reconsidered by

the Society; and, therefore, deem it appropriate WP(C) NO. 14780 OF 2021

to accede to the afore suggestion of

Sri.P.N.Mohanan.

Resultantly, this writ petition is allowed

and Ext.P7 is quashed; with a consequential

direction to the competent Authority of the

Society to hear the petitioner and fix his pay

scale, adverting to Ext.P6, as expeditiously as

is possible, but not later than one month from

the date of receipt of a copy of this judgment.

Needless to say, after the afore exercise is

completed, all eligible arrears, if any, and

salary, will be paid to the petitioner within a

period of one month thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 14780 OF 2021

APPENDIX OF WP(C) 14780/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS DATED 13-11-1995 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE PROCEEDINGS DATED 28-01-2003 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS DATED 20-09-2008 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE PROCEEDING DATED 21-12-2015 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE RELEVANT PORTION OF THE PAYROLL ACQUITTANCE OF THE 3RD RESPONDENT SOCIETY FOR THE MONTH OF APRIL 2019

EXHIBIT P6 A TRUE COPY OF THE CIRCULAR NO.

15/2021 DATED 09-03-2021 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P7 A TRUE COPY OF THE STATEMENT OF PAY FIXATION DATED 15-02-2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED ANIL SUBMITTED BEFORE THE 4TH RESPONDENT.