Kerala High Court
Roshan Abraham vs State Of Kerala on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 8222 OF 2022
PETITIONER:
HAROON RASHEED, AGED 37 YEARS, S/O AMJAD,
KARINKALATHANI, VATTAPARAMBU, MALAPPURAM , PIN-676504.
BY ADVS.
K.N.ABHILASH
SUNIL NAIR PALAKKAT
P.B.MUHAMMED AJEESH
M.A.AHAMMAD SAHEER
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF
THE CO-OPERATIVE SOCIETY, JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCADU POST, THIRUVANANTHAPURAM-695014.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), KANNUR DISTRICT, THAVAKKARA P O,
KANNUR-670002.
4 THE CHIEF EXECUTIVE OFFICER
THE KERALA STATE CO-OPERATIVE BANK, CO BANK TOWERS,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.
SRI.GILBERT GEORGE CORREYA
SRI.JOSHY THANNICKKAMATTAM-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, ALONG WITH WP(C).12780/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 8222 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 12780 OF 2022
PETITIONERS:
1 ROSHAN ABRAHAM, AGED 47 YEARS
W/O.BABLOO, DATA ENTRY OPERATOR, KERALA STATE
CO-OPERATIVE BANK, VAZHUTHACAUD BRANCH,
THIRUVANANTHAPURAM-695010, RESIDING AT SNEHA,
VARA 441A, VATTIYOORKAVU, THIRUVANANTHAPURAM-
695013.
2 SANJU S., AGED 48 YEARS
S/O. G.SADASIVAN, DATA ENTRY OPERATOR, KERALA
STATE CO-OPERATIVE BANK, CO-BANK TOWERS,
PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-
695033, RESIDING AT VANDIPURA VEEDU,
MANNANTHALA, NALANCHIRA P.O.,
THIRUVANANTHAPURAM-695015.
3 SHIVAKUMAR S., AGED 51 YEARS
S/O. SHIVASANKARAN, DATA ENTRY OPERATOR, KERALA
STATE CO-OPERATIVE BANK, CO-BANK TOWERS,
PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-
695033, RESIDING AT SREE SHIVASANKARAM,
VENKULAM, EDAVA P.O., THIRUVANANTHAPURAM-695311.
4 NEEMA K., AGED 50 YEARS, W/O. PRASAD K.S.,
DATA ENTRY OPERATOR, KERALA STATE CO-OPERATIVE
BANK, KANNUR REGIONAL OFFICE, KANNUR-670001,
RESIDING AT NEENA NIVAS, VATTAKULAM, THOTTADA
P.O., KANNUR-670007.
5 RAJEEV V.R., AGED 48 YEARS
S/O. R.RAJENDRAN UNNITHAN, DATA ENTRY OPERATOR,
KERALA STATE CO-OPERATIVE BANK, CO-OPERATIVE
BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695033, RESIDING AT TRRA
173(1), NADAKKAVU LANE, AMBALAMUKKU, PERURKADA
P.O., THIRUVANANTHAPURAM-695005.
WP(C) NO. 8222 OF 2022
3
6 SINDHU K.S., AGED 49 YEARS
W/O. SALIMKUMAR, DATA ENTRY OPERATOR, KERALA
STATE CO-OPERATIVE BANK, CREDIT PROCESSING
CENTRE, ERNAKULAM, KAKKANAD, ERNAKULAM DISTRICT,
PIN-683530, RESIDING AT MALAVYAM, DESEEYAMUKKU,
THRIKKAKARA P.O., ERNAKULAM-682021.
BY ADVS.
C.A.CHACKO
C.M.CHARISMA
ALEKH THOMAS
BABU V.P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR, SAHAKARANA BHAVAN,
THAICAUD, THIRUVANANTHAPURAM-695014.
4 THE CHIEF EXECUTIVE OFFICER,
KERALA STATE CO-OPERATIVE BANK, CO-OPERATIVE
BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695033.
SRI.GILBERT GEORGE CORREYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, ALONG WITH WP(C).8222/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8222 OF 2022
4
JUDGMENT
[WP(C) Nos.8222/2022, 12780/2022]
The petitioners in these two cases - which are being
heard together taking note of the similarity of the factual
matrix presented - are persons who were in the services of
various District Co-operative Banks, at the time when they
were all merged into the "Kerala Bank". They say that in the
"Unification Scheme", there are various anomalies; and
consequently, that, resultant thereto, they have all been
unfairly accommodated against lower posts in the said Bank,
drawing lower scales of pay and salary. They contend that
this is illegal and therefore, that the competent Authority
must be directed to look into it and rectify the anomalies
without any further delay.
2. The afore submissions of Sri.K.N.Abhilash and
Smt.C.M.Charisma, learned counsel appearing for the
petitioners in these cases, were answered by Smt.Anitha
M.George, representing the learned standing counsel for the
"Kerala Bank" saying that there are no discrepancies in the
"Unification Scheme" and that the petitioners and similarly
placed persons have been accommodated against posts which
WP(C) NO. 8222 OF 2022
attracts the same scale of pay in comparison to their earlier
scales in the District Co-operative Banks. She submitted,
therefore, that these writ petitions are unnecessary and
without merit.
3. The learned Government Pleader - Sri.Joshy
Thanikkamattom, submitted that the "Unification Scheme"
was propounded by the Government and has already been put
into effect. He argued that, therefore, if the petitioners have
any grievance, their remedy is to approach the competent
Authority under Section 69 of the Kerala Co-operative
Societies Act (KCS Act), but cannot maintain writ petitions of
this nature before this Court. He added that if the petitioners
have subsisting issues, then they must either invoke such
remedies or make an apposite representation before the
competent Authority of the Government, which can certainly
look into it as per law; but prayed that this Court may not
make any affirmative declarations in their favour in this
judgment.
4. When I consider the afore submissions, it is
indubitable that the specific case of the petitioners is that
they have been accommodated to a lower rank, drawing
WP(C) NO. 8222 OF 2022
lesser salary, in the unified bank. However, this is
controverted by the "Kerala Bank" with equal vehemence.
Obviously, therefore, there is a disputation on facts which will
have to be resolved; but this Court cannot do so while acting
under Article 226 of the Constitution of India.
5. I am, therefore, of the firm view that the petitioners
must either invoke their statutory remedies under Section 69
of the KCS Act; or approach the Government for modification
of the "Unification Scheme" with an appropriate
representation, so that the same can be then considered in
terms of law.
6. I clarify that if the petitioners are to choose the latter
option of moving the Government, then they shall do so within
a period of one month from today; in which event, its
competent Authority will hear them, thus culminating in an
appropriate order and necessary action thereon - including on
its question of maintainability, as expeditiously as is possible,
but not later than three months from the date on which such
representations are received.
Needless to say, I also leave liberty to the petitioners to
invoke their statutory remedies before the appropriate
WP(C) NO. 8222 OF 2022
statutory Authority; and if they so choose, it shall also be done
within a period of one month from the date of receipt of a
copy of this judgment; in which event, it will be considered by
the said Authority as per law and a final decision takes on it
without any avoidable delay.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 8222 OF 2022
APPENDIX OF WP(C) 12780/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RECRUITMENT RULES FOR DISTRICT
CO-OPERATIVE BANKS, 1998.
Exhibit P2 TRUE COPY OF REVISED MASTER SCALE AND
HIGHER GRADE SCALE OF DATA ENTRY OPERATORS
PUBLISHED WITH GO(MS) NO.61/2015/CO.OP
DATED 4.5.15.
Exhibit P3 TRUE COPY OF RELEVANT PAGES OF PRIMARY
SENIORITY LIST OF EMPLOYEES PUBLISHED BY
THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE
BANK LTD.
Exhibit P4 TRUE COPY OF ORDER DATED 22.11.2014 OF 3RD
RESPONDENT.
Exhibit P5 TRUE COPY OF REPRESENTATION DATED 14.8.17
SUBMITTED BY 1ST PETITIONER BEFORE 2ND
RESPONDENT.
Exhibit P6 TRUE COPY OF REPRESENTATION DATED 3.10.2020
SUBMITTED BY PETITIONERS 1 TO 3 BEFORE 4TH
RESPONDENT WITH COPY TO RESPONDENTS 2 & 3.
Exhibit P7 TRUE COPY OF REPRESENTATION DATED 27.1.2021
MADE BY 1ST PETITIONER BEFORE 4TH
RESPONDENT.
Exhibit P8 TRUE COPY OF RELEVANT PAGES OF FINAL
SENIORITY LIST OF KERALA STATE CO-OPERATIVE
BANK.
Exhibit P9 TRUE COPY OF GO(P) NO.119/2021/CO.OP DATED
2.8.21 ALONG WITH RELEVANT PAGES OF
RECRUITMENT RULE FOR EMPLOYEES IN KERALA
STATE CO-OPERATIVE BANK.
Exhibit P10 TRUE COPY OF REPRESENTATION DATED 13.8.2021
MADE BEFORE THE RESPONDENTS.
WP(C) NO. 8222 OF 2022
APPENDIX OF WP(C) 8222/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PROCEEDINGS NO.CB
(5) 874/19 DATED 29.11.2019 ALONG WITH
THE SCHEME.
Exhibit P2 THE TRUE COPY OF THE PAY SHEET BY THE
ERSTWHILE DISTRICT CO-OPERATIVE BANK
PRINT DATE 03.03.2022.
Exhibit P3 THE TRUE COPY OF THE UNIFICATION GO (P)
NO.17/2022/CO-OPERATIVE DATED 11.02.2022
ALONG WITH ANNEXURE.
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED
14.02.2222 SUBMITTED BEFORE THE 1ST AND
4TH RESPONDENT.
