Kerala High Court
Shaju B vs Thiruvananthapuram District ... on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 17959 OF 2020
PETITIONER:
SHAJU B., SENIOR MANAGER/EXECUTIVE OFFICER (RETIRED),
THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK,
RESIDING AT LATHIKAVILASAM, PHD ROAD, VALIYAKUNNU,
ATTINGAL P.O.THIRUVANANTHAPURAM-695 104.
BY ADVS.
S.K.ADHITHYAN
SMT.KEERTHI S. JYOTHI
RESPONDENTS:
1 THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD
REPRESENTED BY GENERAL MANAGER, EAST FORT,
THIRUVANANTHAPURAM-695 023.
2 THE GENERAL MANAGER, THIRUVANANTHAPURAM DISTRICT CO-
OPERATIVE BANK LTD, REPRESENTED BY GENERAL MANAGER,
EAST FORT, THIRUVANANTHAPURAM-695 023.
3 KERALA STATE CO-OPERATIVE BANK (KERALA BANK),
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PB NO 6515,
CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM-695 033.
4 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
KAITHAMUKKU, THIRUVANANTHAPURAM-695 024.
BY ADVS.
SRI.THOMAS ABRAHAM - SC
SMT.RESMI THOMAS -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, ALONG WITH WP(C) 18823/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC 17959 & 18823/20
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 18823 OF 2020
PETITIONERS:
1 LEELAKUMARI A., RAHUL BHAVAN, POOLANATHARA,
SHANTHIGIRI P.O., POTHENCODE,
THIRUVANANTHAPURAM-695584.
2 MOHANAN.R., KRISHNAKRIPA, KARIMANCODE P.O.,
PALODE, THIRUVANANTHAPURAM-695562.
BY ADVS.
S.K.ADHITHYAN
SMT.KEERTHI S. JYOTHI
RESPONDENTS:
1 THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK
LTD., REPRESENTED BY GENERAL MANAGER, EAST FORT,
THIRUVANANTHAPURAM-695023.
2 THE GENERAL MANAGER, THIRUVANANTHAPURAM DISTRICT
CO-OPERATIVE BANK LTD., REPRESENTED BY GENERAL
MANAGER, EAST FORT, THIRUVANANTHAPURAM-695023.
3 KERALA STATE CO-OPERATIVE BANK (KERALA BANK),
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PB.NO.6515, CO-BANK TOWERS, PALAYAM,
THIRUVANANTHAPURAM-695033.
4 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), KAITHAMUKKU, THIRUVANANTHAPURAM-695024.
BY ADVS
SRI.THOMAS ABRAHAM - SC
SMT.RESMI THOMAS - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2023, ALONG WITH WP(C) 17959/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 17959 & 18823/20
3
JUDGMENT
The petitioners were promoted provisionally as Senior
Managers in the services of the erstwhile Thiruvananthapuram
District Co-operative Bank (now amalgamated with Kerala State
Co-operative Bank), in the year 2016, anticipating a re-
classification, thus leading to creation of the post in question.
They concede that, as evident from Ext.P1 - produced in both
cases, they were granted promotion on three conditions; the first
among them being that their salary will be fixed after re-
classification of the Bank is granted approval and the posts
created.
2. The petitioners admit that the post in question was
created only on 18.03.2019, but allege that they have been
denied salary in the scale of Senior Manager during the period
between 2016 and 2019, though paid in the earlier scale of
Manager. They thus pray that respondent-Bank be directed to pay
them arrears of salary for the period between 19.04.2016 and
08.03.2019, in the pay scale of Senior Manager.
WPC 17959 & 18823/20
3. As evident from the afore narrative, the two cases
above involve similar factual circumstances and therefore, require
to be heard and disposed of together, which I propose through
this judgment.
4. I have heard Sri.S.K.Adithyan - learned counsel for
the petitioners in both the cases; Sri.Thomas Abraham - learned
Standing Counsel for the Kerala Bank and the learned
Government Pleader - Smt.Resmi Thomas appearing for the
Registrar of Co-operative Societies.
5. Sri.Thomas Abraham submitted that Ext.P1 order in
both the cases would show that petitioners were given
provisional promotion as Senior Manager in anticipation of the
Society being re-classified and the post in question being created.
He submitted that, however, when the proposal of the Society to
do so was considered by the competent Authority, permission
was granted for such purpose, but only with effect from
08.03.2019; and therefore, that petitioners were thereupon
regularised in the promoted post from that date and granted the
eligible pay scale. He submitted that, therefore, the petitioners
WPC 17959 & 18823/20
cannot now turn around and seek the Pay Scale as eligible to the
post of Senior Manager during the period between 19.04.2016
and 08.03.2019.
6. Smt.Resmi Thomas - learned Government Pleader,
adopted the afore submissions of Sri.Thomas Abraham and
argued that this Writ Petition is not maintainable.
7. When I consider the afore submissions, it is evident
that there is dispute between the parties as to the quantum of
pay eligible to the petitioners during the period between
19.04.2016 and 08.03.2019. While the petitioners assert that they
worked as Senior Managers and that their effort was extracted by
the Society in such position during the afore period, thus being
entitled to the pay scale eligible to the post of Senior Manager;
the Bank takes the stand that since the post in question was
created only on 08.03.2019, the pay scale of Senior Manager
could have been granted to the petitioners only from that date.
8. I do not propose to speak affirmatively on either of
the afore contentions because, am of the firm view that this is a
matter that the petitioners have to impel and pursue before the
WPC 17959 & 18823/20
competent Forum under Section 69 of the Kerala Co-operative
Societies Act. This is more so because the dispute in question
will require an assessment of several factual and documentary
inputs, which this Court cannot do while acting under Article
226 of the Constitution of India.
9. Suffice to say, I have not entered into the merits of
any of the contentions of the rival parties and that their
alternative liberties are left open.
This Writ Petition is thus ordered.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 17959 & 18823/20
APPENDIX OF WP(C) 18823/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 19.04.2016
PROMOTING THE PETITIONER AS SENIOR
MANAGER/EXECUTIVE OFFICER.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.C.B.
(3)78211/18 DATED 08.03.2019 OF THE
REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P3 TRUE COPY OF THE ORDER PURSUANT TO
EXT.P2 ISSUED BY THE 2ND RESOPNDENT
DATED 08.03.2019.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION FILED BY
THE 1ST PETITIONER BEFORE THE 2ND
RESPONDENT DATED 22.02.2020.
EXHIBIT P5 TRUE COPY OF THE POSTAL RECEIPT DATED
18.02.2020.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION FILED BY
THE 2ND PETITIONER BEFORE THE 2ND
RESPONDENT DATED 17.02.2020.
EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS
NO.ADM/ESTT/E1/914/2019-20 DATED
30.09.2019 OF THE 2ND RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED
21.12.2016 IN W.P.(C)NO.37781/2016.
EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED
07.04.2003 IN W.A.NO.111/2003.
WPC 17959 & 18823/20
APPENDIX OF WP(C) 17959/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 19.4.2016
PROMOTING THE PETITIONER AS SENIOR
MANAGER/ EXECUTIVE OFFICER
EXHIBIT P2 TRUE COPY OF THE ORDER NO C.B (3)
78211/18 DATED 8.3.2019 OF THE REGISTRAR
OF CO-OPERATIVE SOCIETIES
EXHIBIT P3 TRUE COPY OF THE ORDER PURSUANT TO EXT
PW ISSUED BY THE 2ND RESPONDENT DATED
8.3.2019
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC
19610/2019 DATED 6.8.2019 BY THE HON'BLE
HIGH COURT OF KERALA
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS NO
ADM/ESTT/E1/914/2019-20 DATED 30.9.2019
OF THE 2ND RESPONDENT
EXHIBIT P6 A TRUE COPY OF THE ORDER DATED
21.12.2016 IN WPC NO 37781/23016
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED
7.4.223 IN WA NO 111/2003
