Kerala High Court
Usman Koya C vs State Of Kerala on 17 October, 2024
2024:KER:77393
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 17 TH DAY OF OCTOBER 2024 / 25TH ASWINA,
1946
WP(C) NO. 3054 OF 2014
PETITIONER/S:
1 USMAN KOYA C
SENIOR CLERK, SULTAN BATHERI SERVICE CO-
OPERATIVEBANK SULTAN BATHERY P.O - 673 592,
WAYANAD DISTRICT.
2 M.O.MATHEW
CHIEF ACCOUNTANT, CHAIRMAN OF THE SULTAN
BATHERISERVICE CO-OPERATIVE BANK STAFF
WELFARE COMMITTEESULTAN BATHERI P.O - 673
592, WAYANAD DISTRICT.
BY ADVS.
SRI.M.SASINDRAN
SRI.V.VENUGOPAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO
GOVERNMENT,DEPARTMENT OF CO-OPERATION,
SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES G
THIRUVANANTHAPURAM - 695 001.
W.P.(C) No.3054 of 2014
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3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
G
WAYANAD - 673 121
4 THE SULTHAN BATHERI SERVICE CO-OPERATIVE BANK
P.O.SULTHAN BATHERI - 673 592, WAYANAD
DISTRICT.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SMT.SONY K.B,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 17.10.2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3054 of 2014
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JUDGMENT
Dated this the 17th day of October, 2024
This writ petition is filed seeking to set aside Exts.P1 to
P5 to the extent it does not contain the direction for protecting
the salary of the existing employees pursuant to the re-
classification of the societies. The petitioner also seeks for
quashing Ext.P7 to the extent it directs reduction of the salary
of the existing employees.
2. This writ petition has been admitted by this Court as
early as on 30.01.2014 and there was an order of stay of re-
fixation of salary, subject to the result of the writ petition.
3. This writ petition was posted on 05.07.2024 and
02.08.2024. Today when this writ petition is taken up, it is
pointed out by the learned Government Pleader Smt.Sony that
the Secretary of the 4th respondent Bank has instructed the 3rd
respondent herein that the prayers in this writ petition no
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longer survive and the writ petition has become infructuous.
In the light of the above, nothing survives for
consideration in this writ petition and the same would stand
dismissed as infructuous. However, the petitioners are given
liberty to file a fresh writ petition, if any further claims remain
unaddressed.
Sd/-
HARISANKAR V. MENON
JUDGE
Scl/
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APPENDIX OF WP(C) 3054/2014
EXT.P-1: A TRUE COPY OF THE SRO NO.9/2010 DATED
4.1.2010
EXT.P-2: A TRUE COPY OF THE ORDER DATED 4.12.1985
REVISING THE STAFF PATTERN CONSEQUENT TO THE
CLASSIFICATION
EXT.P-3: A TRUE COPY OF THE AUDIT CERTIFICATE TO THE
SOCIETY FOR YEAR 2011 - 2012
EXT.P-4: A TRUE COPY OF THE AUDIT CERTIFICATE TO THE
SOCIETY FOR YEAR 2012 - 2013
EXT.P-5: A TRUE COPY OF THE CIRCULAR NO.32/2013
ISSUED BY THE REGISTRAR.
EXT.P-6: A TRUE COPY OF THE PROFORMA SUBMITTED ALONG
WITH THE APPLICATION FOR RETAINING THE SOCIETY IN
CLASS I SPECIAL GRADE.
EXT.P-7: A TRUE COPY OF THE ORDER DATED 21.12.2013
ISSUED BY THE 3RD RESPONDENT
EXT.P-8: A TRUE COPY OF THE ORDER DATED 5.2.2013
DECLARING MORATORIUM FOR RECOVERY FOR AGRICULTURAL
LOANS.
EXT.P-9: A TRUE COPY OF THE CIRCULAR NO.1/2014
(ASHWAS 2014)
EXT.P-10: A TRUE COPY OF THE INTERIM ORDER DATED
2.12.2013 IN WPC 29554 OF 2013.
