Kerala High Court
Nirmala vs The Idukki District Co-Operative Bank ... on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 32939 OF 2017
PETITIONER/S:
1 NIRMALA
AGED 58 YEARS
AGED 58 YEARS, THEVALAKKADU, VADAYAR P.O,VAIKKOM-
686143, KOTTAYAM DISTRICT.
2 SANIMOL T.S. DO.LATE SASIDHARAN
THEVALAKKADU, VADAYAR P.O,VAIKKOM-686143, KOTTAYAM
DISTRICT.
3 SYAMKUMAR T.S. SO.LATE SASIDHARAN
THEVALAKKADU, VADAYAR P.O,VAIKKOM-686143, KOTTAYAM
DISTRICT.
4 SEENA T.S. DO.LATE SASIDHARAN
THEVALAKKADU, VADAYAR P.O,VAIKKOM-686143, KOTTAYAM
DISTRICT.
BY ADVS.
SRI.KOSHY GEORGE
SRI.K.M.JAMALUDHEEN
SMT.LATHA PRABHAKARAN
RESPONDENT/S:
1 THE IDUKKI DISTRICT CO-OPERATIVE BANK LTD.
REPRESENTED BY ITS GENERAL MANAGER,KATTAMKOTTIL HOUSE,
MULAKUVALLY P.O,IDUKKI -685 602.
2 THE MANAGING COMMITTEE OF IDUKKI DISTRICT CO-OPERATIVE
BANK LTD.
KATTAMKOTTIL HOUSE, MULAKUVALLY P.O.,IDUKKI-685602,
REPRESENTED BY ITS PRESIDENT.
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM -695 001.
4 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,CO-
OPERATION(C) DEPARTMENT,GOVERNMENT
WP(C) NO. 32939 OF 2017
2
SECRETARIAT,THIRUVANANTHAPURAM -695 001.
SRI.M.RAJEEV (GP)
SRI.P.C.SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32939 OF 2017
3
JUDGMENT
Dated this the 11TH day of April 2024
Petitioners are wife and children of late T.P.Sasidharan,
who retired from the post of Deputy General Manger under the
1st respondent Co-operative Bank. Their case in brief as follows:
The pay of employees in co-operative societies was revised
w.e.f. 01.07.1997 for a period of five years and the next pay
revision was declared by the Government as per Ext.P3
Government Order from the period from 01.07.2002 to
01.07.2007. Though the pay revision was for the period from
01.07.2002, the arrears of salary in accordance with the order
was to be paid only from 01.07.2003. In view of the protest
raised against denial of arrears of the revised salary for a period
of one year, the Government by Ext.P4 Government Order
clarified that arrears of salary in accordance with the revision of
pay would be paid from 01.07.2002 itself. However, by Ext.P5
Government Order, the Government allegedly retracted from its
stand and disbursement of pay and allowances in accordance
with Ext.P3 was restricted to those employees, who had retired
between 30.06.2003 and 31.05.2005.
WP(C) NO. 32939 OF 2017
2. Ext.P5 Government Order was challenged before
this Court by the employees of another co-operative bank. The
writ petition was finally disposed of by this Court directing that
the monetary benefit from 01.07.2002 to 30.06.2003 shall be
disbursed to the petitioners therein with minimum interest at
the rate of 6% per annum. The relief was restricted to the
petitioners therein. The judgment in W.P.(C)No.34683/2009 has
been produced as Ext.P6. Later, some similarly situated
employees filed W.P.(C)No.6993/2017 before this Court. The
said writ petition was allowed finding that the petitioners
therein also are entitled for the benefit under Ext.P6 judgment.
Still later in W.P.(C)No.10454/2017 also, this Court extended
the benefit of Ext.P6 judgment to the petitioners. The
judgments referred as above have been produced as Ext.P7 and
P8.
3. Learned Counsel for the petitioners pointed out that
the issue raised in the writ petition is covered by Exts.P6 to P8
judgments and therefore, the same relief may be granted to the
petitioners also.
4. Learned Standing Counsel appearing for the Idukki
District Co-operative Bank submitted that the bank has already
complied with the judgment in W.P.(C)No.10454/2017.
WP(C) NO. 32939 OF 2017
5. It is clear that the grievance raised in the present
writ petition is covered by Ext.P6 judgment. Ext.P8 is a
judgment in a writ petition filed by similarly situated employees
of the 1st respondent co-operative bank. The 1 st respondent has
already complied with the directions in the said judgment.
Hence petitioners are also entitled for the same relief.
6. I therefore, allow this writ petition and direct the 2 nd
respondent to disburse the arrears of salary admissible to late
Sri.T.P.Sasidharan, for the period from 01.07.2002 to
30.06.2003 based on the revision of pay effected as per Ext.P3
order with 6% interest, within a period of six weeks from the
date of receipt of a copy of this judgment.
The writ petition is disposed as above.
Sd/
S.MANU, JUDGE
jm/
WP(C) NO. 32939 OF 2017
APPENDIX OF WP(C) 32939/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE OF
T.P.SASIDHARAN
EXHIBIT P2 TRUE COPY OF THE FAMILY RELATIONSHIP
CERTIFICATE DATED 14.6.2012 ISSUED BY
MANNAMKANDAM VILLAGE OFFICER.
EXHIBIT P3 TRUE COPY OF THE G.O(MS)NO.145/05/CO-OP DATED
21.6.2005
EXHIBIT P4 TRUE COPY OF THE G.O(MS)NO.21/07/CO.OP DATED
6.1.2007
EXHIBIT P5 TRUE COPY OF THE G.O(MS)NO.96/07/CO-OP DATED
20.3.2007
EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 15.12.2016 IN WPC NO.34683/2009
EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 8.3.2017 IN WPC NO.6993/2017
EXHIBIT P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 28.3.2017 IN WPC NO.10454/2017
