Kerala High Court
Sreejith.P.P vs The State Of Kerala on 28 January, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 39060 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
WP(C) NO. 39060 OF 2024
PETITIONERS:
1 SREEJITH.P.P
AGED 45 YEARS
APPRAISER, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
2 RAGESH.T.T
AGED 50 YEARS
APPRAISER, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
3 SIMI SUDEVAN
AGED 35 YEARS
JUNIOR CLERK, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
4 RAJESH KUMAR.K.K
AGED 54 YEARS
BRANCH MANAGER, KODUNGALLUR TOWN CO-OPERATIVE BANK
LTD.NO.102, KODUNGALLUR, THRISSUR, PIN - 680664
5 DHANYA.M.D
AGED 39 YEARS
SENIOR CLERK, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
6 SUDHEESH.K.G
AGED 29 YEARS
SENIOR CLERK, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
7 VENUGOPAL.K.M
AGED 50 YEARS
APPRAISER, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
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8 CHANDRA SEKHARAN
AGED 57 YEARS
KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102, KODUNGALLUR,
THRISSUR, PIN - 680664
9 JAYAKUMAR.M.S
AGED 55 YEARS
PEON, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
10 SINI.V.U
AGED 52 YEARS
BRANCH MANAGER, KODUNGALLUR TOWN CO-OPERATIVE BANK
LTD.NO.102, KODUNGALLUR, THRISSUR, PIN - 680664
11 RATHEESH.C.S
AGED 46 YEARS
PEON, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
12 NANDAKUMAR.K
AGED 57 YEARS
BRANCH MANAGER, KODUNGALLUR TOWN CO-OPERATIVE BANK
LTD.NO.102, KODUNGALLUR, THRISSUR, PIN - 680664
13 KRISHNAVENI.P.M
AGED 46 YEARS
SENIOR CLERK / JUNIOR ACCOUNTANT, KODUNGALLUR TOWN CO-
OPERATIVE BANK LTD.NO.102, KODUNGALLUR, THRISSUR, PIN -
680664
14 THASNEEM.A.S
AGED 46 YEARS
JUNIOR CLERK, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
15 SASLA.V.A
AGED 40 YEARS
PEON, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
16 JISH.E.G
AGED 38 YEARS
SENIOR CLERK / SENIOR ACCOUNTANT, KODUNGALLUR TOWN CO-
OPERATIVE BANK LTD.NO.102, KODUNGALLUR, THRISSUR, PIN -
680664
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17 SMITHA.K.V
AGED 40 YEARS
SENIOR CLERK / JUNIOR ACCOUNTANT, KODUNGALLUR TOWN CO-
OPERATIVE BANK LTD.NO.102, KODUNGALLUR, THRISSUR, PIN -
680664
18 SHEELA.D.V
AGED 56 YEARS
BRANCH MANAGER, KODUNGALLUR TOWN CO-OPERATIVE BANK
LTD.NO.102, KODUNGALLUR, THRISSUR, PIN - 680664
19 NIRANJANA.A
AGED 25 YEARS
JUNIOR CLERK / CASHIER, KODUNGALLUR TOWN CO-OPERATIVE BANK
LTD.NO.102, KODUNGALLUR, THRISSUR, PIN - 680664
20 BIJILY.C.A
AGED 46 YEARS
PEON, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
21 SUDHA.N.K
AGED 54 YEARS
ASSISTANT GENERAL MANAGER, KODUNGALLUR TOWN CO-OPERATIVE
BANK LTD.NO.102, KODUNGALLUR, THRISSUR, PIN - 680664
22 SANTHOSH KUMAR T.C
AGED 56 YEARS
BRANCH INSPECTOR, KODUNGALLUR TOWN CO-OPERATIVE BANK
LTD.NO.102, KODUNGALLUR, THRISSUR, PIN - 680664
23 FIROSH.K.I
AGED 55 YEARS
CHIEF ACCOUNTANT, KODUNGALLUR TOWN CO-OPERATIVE BANK
LTD.NO.102, KODUNGALLUR, THRISSUR, PIN - 680664
24 SUMILKUMAR.A.S
AGED 53 YEARS
ATTENDER, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
25 PRASAD.E
AGED 46 YEARS
HEAD CLERK, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
26 PRADEEP.T.S
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AGED 51 YEARS
APPRAISER, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
27 AJIL.K.U
AGED 26 YEARS
SENIOR CLERK KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
28 RATHEESH.T.K
AGED 41 YEARS
APPRAISER, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
29 ARJUN.M.S
AGED 26 YEARS
JUNIOR CLERK /CASHIER, KODUNGALLUR TOWN CO-OPERATIVE BANK
LTD.NO.102, KODUNGALLUR, THRISSUR, PIN - 680664
30 NAIJI.P.G
AGED 38 YEARS
PEON, KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,
KODUNGALLUR, THRISSUR, PIN - 680664
31 RANJANA.M.P
AGED 28 YEARS
JUNIOR CLERK / CASHIER, KODUNGALLUR TOWN CO-OPERATIVE BANK
LTD.NO.102,KODUNGALLUR, THRISSUR, PIN - 680664
32 SREEJITHA.K.J,
AGED 42 YEARS
JUNIOR CLERK / CASHIER, KODUNGALLUR TOWN CO-OPERATIVE BANK
LTD.NO.102,KODUNGALLUR, THRISSUR, PIN - 680664
33 K.S.RAJESH
AGED 44 YEARS
PEON, KODUNGALLUR TOWN CO-OPERATIVE BANK
LTD.NO.102,KODUNGALLUR, THRISSUR, PIN - 680664
BY ADV P.N.MOHANAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
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2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF CO-
OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014
3 THE MANAGING COMMITTEE OF KODUNGALLUR TOWN CO-OPERATIVE BANK
LTD
BANK LTD.NO.102, REPRESENTED BY ITS CHAIRMAN, KODUNGALLUR,
THRISSUR, PIN - 680664
SRI.IMAM GRIGORIOS - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2025, ALONG WITH WP(C).1656/2024, 2586/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
WP(C) NO. 1656 OF 2024
PETITIONERS:
1 CO-OPERATIVE EMPLOYEES ORGANISATION
AGED 57 YEARS
(CEO), REPRESENTED BY GENERAL SECRETARY, KERALA STATE
COMMITTEE, REG NO.210/84, C H SOUDHAM, R C ROAD, KOZHIKODE,
KERALA P.KOYAKUTTY, S/O MOIDUNNI, SECRETARY, VETTATHUR
SERVICE CO-OPERATIVE BANK LTD. NO.M 397, RESIDING AT PONPARA
HOUSE, MANNARKKAD, PALAKKAD DISTRICT., PIN - 673001
2 C.H.MUHAMMED MUSTAFA
AGED 54 YEARS
S/O HAMSA, SECRETARY, MAKKARAPARAMBA SERVICE CO-OPERATIVE
BANK, RESIDING AT KURUVA, KOOTTILANGADI P.O, MALAPPURAM, PIN
- 676506
3 HARIS AMIYAN.A,
AGED 52 YEARS
S/O MOHAMMED, BRANCH MANAGER, MALAPPURAM SERVICE CO-
OPERATIVE BANK RESIDING AT MALAPPURAM P.O, MALAPPURAM, PIN -
676505
BY ADVS.
P.N.MOHANAN
C.P.SABARI
AMRUTHA SURESH
GILROY ROZARIO
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF CO-
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OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014
SRI.IMAM GRIGORIOS - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2025, ALONG WITH WP(C).39060/2024 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 39060 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
WP(C) NO. 2586 OF 2024
PETITIONER:
KERALA CO-OPERATIVE EMPLOYEES FRONT
REPRESENTED BY ITS GENERAL SECRETARY, STATE COMMITTEE, SRI.
E.D SABU, S/O DEVASSY REG.NO.01-30-1988, SANGAMAM, MBRRA-70
MATHRUBHOOMI ROAD, THIRUVANANTHAPURAM G.P.O, PIN - 695001
BY ADVS.
C.A.JOJO
SWATHY S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO CO-OPERATIVE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARA BHAVAN, DPI JUNCTION THYCAUD P.O,
THIRUVANANTHAPURAM-, PIN - 695014
IMAM GRIGORIOS - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2025, ALONG WITH WP(C).39060/2024 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 28th day of January, 2025
The petitioners in the W.P. (C). Nos. 1656/2024 and
2586/2024 are the Co-operative employees Association in
respect of the employees of the private Co-operative
Societies. The petitioners in W.P. (C). No.39060/2024
represents the Employees working in the Kodungallur
Town Co-operative Bank.
2. The grievance of the petitioners in these writ
petitions is that the Central Government has enhanced the
Dearness Allowance of the employees working in the Co-
operative Societies registered under the Co-operative
Societies Act (Central Act). However, the State
Government has not taken the decision by framing the
relevant Rules as empowered under Section 80(3) of the
Kerala Co-operative Societies Act for enhancing the
Dearness Allowance of the employees working in the
private societies registered under the Kerala Co-operative
WP(C) NO. 39060 OF 2024
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Societies Act, and Rule 189(3) has not been amended. The
learned counsel for the petitioners has submitted that in
past, the State Government would enhance the DA of the
employees working in the private Co-operative societies
registered under the Kerala Co-operative Societies Act as
soon as the Central Government takes a decision.
3. In these cases, the Central Government took the
decision to enhance the DA of the employees working in
the Central Government Co-operative Societies for which a
chart has been produced in paragraph 7 of the W.P(C.)
No.16656/2024, which would read as under:
Chart of DA applicable to Central, State & Co-operative Employees
w.e.f Central State Co-op
Government Government to (Declared)
(declared) be (Declared)
01.07.2020 17% 7% 7%
Applicable as Applicable
per Central as per
Government Central
orders Government
01.01.2021 28% Orders
9% 9%
01.07.2021 31% 12% 12%
01.01.2022 34% 15% 15%
01.07.2022 38% 18% 18%
01.01.2023 42% 22% 22%
01.07.2023 46% 25% 25%
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4. It is further stated that the petitioners have
represented the State Government for taking decision to
enhance the DA of the employees working in the private
Co-operative Societies. (Exts.P6 & P7 in W.P.(C.)
No.2586/2024.
5. Though the State Government is not bound to
implement the decision of the Central Government for
enhancing the DA in respect of the employees working in
the private Co-operative societies, but once the petitioners
represented their grievance to the State Government, the
State Government must take a policy decision under
Section 80(3) of the Kerala Co-operative Societies Act and
for amending Rule 189 of the Kerala Co-operative Societies
Rules,1969.
6. Sri. Imam Gregorius, learned Government
Pleader submits that Government will take a decision on
the representation filed by the petitioners regarding
enhancing the DA of the employees working in the Co-
operative Societies in accordance with law.
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Considering the aforesaid submissions of the parties,
the present writ petitions are disposed of with a direction
to the 1st respondent to take a decision on the
representation of the petitioners for enhancing the DA of
the employees working in the private Co-operative
societies, expeditiously, preferably within a period of two
months.
Sd/-
D. K. SINGH
JUDGE
AP
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APPENDIX OF WP(C) 1656/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE G.O.NO.32/2021 DATED 15.02.2021
OF THE GOVERNMENT
Exhibit P2 TRUE COPY OF THE DA SANCTIONED BY THE CENTRAL
GOVERNMENT DUE FROM 01.07.2021 BY AN OFFICE
MEMORANDUM DATED 25.10.2021
Exhibit P3 TRUE COPY OF THE DA SANCTIONED BY THE CENTRAL
GOVERNMENT DUE FROM 01.01.2022 BY AN OFFICE
MEMORANDUM DATED 31.03.2022
Exhibit P4 TRUE COPY OF THE DA SANCTIONED BY THE CENTRAL
GOVERNMENT DUE FROM 01.07.2022 BY AN OFFICE
MEMORANDUM DATED 03.10.2022
Exhibit P5 TRUE COPY OF THE DA SANCTIONED BY THE CENTRAL
GOVERNMENT DUE FROM 01.01.2023 BY AN OFFICE
MEMORANDUM DATED 03.04.2023
Exhibit P6 TRUE COPY OF THE DA SANCTIONED BY THE CENTRAL
GOVERNMENT DUE FROM 01.07.2023 BY AN OFFICE
MEMORANDUM DATED 20.10.2023
Exhibit P7 TRUE COPY OF THE JUDGMENT OF FOREST OFFICERS V.
STATE OF UP REPORTED IN 2008 (3) KLT 788
Exhibit P8 TRUE COPY OF THE G.O. (P).NO.47/2023/FIN DATED
10.05.2023 OF THE GOVERNMENT
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of translated G.O(Rt) No.154/2024/Co-
op. dated 16.03.2024
Exhibit R1(b) True copy of translated G.O.(P) No.91/2024/Fin
dated 26.10.2024
Exhibit R1(c) True copy of translated G.O(Rt) No.580/2024/Co-op
dated 04.12.2024
Exhibit R1(d) True copy of translated G.O(Rt) No.581/2024/Co-op
dated 05.12.2024
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APPENDIX OF WP(C) 2586/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DA SANCTIONED BY THE CENTRAL
GOVERNMENT DUE FROM 01.01.2023 BY AN OFFICE
MEMORANDUM DATED 03.04.2023
Exhibit P2 A TRUE COPY OF THE DA SANCTIONED BY THE CENTRAL
GOVERNMENT DUE FROM 01.07.2023 BY AN OFFICE
MEMORANDUM DATED 20.10.2023
Exhibit P3 A TRUE COPY OF THE ORDER G.O.(P) NO. 47/2023/FIN.
DATED 10.05.2023 ISSUED BY THE ADDITIONAL
SECRETARY
Exhibit P4 A TRUE COPY OF THE CO.O.(GENERAL) NO.135/2021
DATED 19.02.2021 ISSUED BY THE GOVERNMENT OF
KERALA
Exhibit P5 A TRUE COPY OF THE G.O.NO.32/2021 DATED
15.02.2021 OF THE GOVERNMENT OF KERALA
Exhibit P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED TO
THE 1ST RESPONDENT DATED 10.01.2024
Exhibit P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED TO
THE 2ND RESPONDENT DATED 10.01.2024
RESPONDENT EXHIBITS
EXHIBIT R1(a) TRUE PHOTOCOPY OF TRANSLATED G.O(Rt)
No.154/2024/CO-OP DATED 16.03.2024
EXHIBIT R1(b) TRUE PHOTOCOPY OF TRANSLATED G.O(P)
No.91/2024/FIN DATED 26.10.2024
EXHIBIT R1(c) TRUE PHOTOCOPY OF TRANSLATED G.O(Rt)
No.580/2024/CO-OP DATED 04.12.2024
EXHIBIT R1(d) TRUE PHOTOCOPY OF TRANSLATED G.O(Rt)
No.581/2024/CO-OP DATED 05.12.2024
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APPENDIX OF WP(C) 39060/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DA SANCTIONED BY THE CENTRAL
GOVERNMENT DUE FROM 01.01.2022 BY AN OFFICE
MEMORANDUM DATED 31.03.2022
Exhibit P2 TRUE COPY OF THE DA SANCTIONED BY THE CENTRAL
GOVERNMENT DUE FROM 01.07.2022 BY AN OFFICE
MEMORANDUM DATED 03.10.2022
Exhibit P3 TRUE COPY OF THE DA SANCTIONED BY THE CENTRAL
GOVERNMENT DUE FROM 01.01.2023 BY AN OFFICE
MEMORANDUM DATED 03.04.2023
Exhibit P4 TRUE COPY OF THE DA SANCTIONED BY THE CENTRAL
GOVERNMENT DUE FROM 01.07.2023 BY AN OFFICE
MEMORANDUM DATED 20.10.2023
Exhibit P5 TRUE COPY OF THE DA SANCTIONED BY THE CENTRAL
GOVERNMENT DUE FROM 01.01.2024 BY AN OFFICE
MEMORANDUM DATED 12.03.2024
Exhibit P6 TRUE COPY OF THE DA SANCTIONED BY THE CENTRAL
GOVERNMENT DUE FROM 01.07.2024 BY AN OFFICE
MEMORANDUM DATED 21.10.2024
Exhibit P7 TRUE COPY OF THE JUDGMENT OF FOREST OFFICERS V.
STATE OF UP REPORTED IN 2008 (3) KLT 788
Exhibit P8 TRUE COPY OF THE CIRCULAR NO.03/2023 (P & HR)
DATED 06.01.2023
Exhibit P9 TRUE COPY OF THE G.O. (P).NO.47/2023/FIN DATED
10.05.2023 OF THE GOVERNMENT
Exhibit P10 TRUE COPY OF THE ORDER NO.BO (DB) NO.25/2022 (PS1
(B)/DA/DR REVISION / 2020 DATED 10.01.2022
RESPONDENT EXHIBITS
Exhibit R1(b) True copy of G.O.(P) No.91/2024/Fin dated
26.10.2024
Exhibit R1(a) True copy G.O(Rt) No.154/2024/Co-op. dated
16.03.2024 with Translation
Exhibit R1(c) True copy of G.O(Rt) No.580/2024/Co-op dated
04.12.2024 with Translation
