Allowed

Jithesh Kumar.T.K v. Purameri Service Co-Operative Bank

Kerala HC2 Nov 2016WP(C)/7119/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the writ petition against a Registrar's circular that restricted employees from opting for a new pay scale during the statutory window of 01.04.2009 to 31.03.2010, directing the set aside of relevant orders.

What did the court decide?

Ext.P2 circular set aside to extent of restricting option dates; Ext.P3 and Ext.P4 rejected orders set aside; consequential benefits granted.

Jithesh Kumar.T.K Vs Purameri Service… — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938

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WP(C).No. 7119 of 2014 (L)

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PETITIONER:

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JITHESH KUMAR.T.K, BRANCH MANAGER, PURAMERI SERVICE CO-OPERATIVE BANK LTD.NO.F.1271, P.O PURAMERI, KOZHIKODE - 673 503.

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BY ADVS.SRI.P.N.MOHANAN

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SMT.I.VINAYAKUMARI SRI.K.N.AJAYAN SRI.C.P.SABARI

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RESPONDENT(S):

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1. PURAMERI SERVICE CO-OPERATIVE BANK LTD.NO.F 1271, REPRESENTED BY SECRETARY, P.O.PURAMERI, KOZHIKODE - 673 503.

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2. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001.

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3. STATE OF KERALA, REPRESENTED BY SECRETARY, CO-OPERATIVE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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R1 BY ADV. SRI.U.K.DEVIDAS R2 & R3 BY SENIOR GOVT. PLEADER SRI.B.VINOD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 7119 of 2014 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1 : COPY OF THE PAY REVISION ORDER NO.36/11 DATED 25/2/2011 OF THE REGISTRAR. EXHIBIT P2 : COPY OF THE CIRCULAR NO.27/11 DATED 2/4/2011 OF THE REGISTRAR. EXHIBIT P3 : COPY OF THE ORDER DATED 30/7/2011 OF THE BANK. EXHIBIT P4 : COPY OF THE ORDER DATED 6/6/13 OF THE GOVERNMENT.

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.S. TO JUDGE

mbr/

A. MUHAMED MUSTAQUE, J.

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W.P.(C) No. 7119 of 2014

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Dated this the 2^nd day of November, 2016

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J U D G M E N T

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1.The petitioner has approached this Court aggrieved by Ext.P2 circular issued by the 2^nd respondent, restricting the employees from exercising option on promotion, for new pay scale.

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2.The petitioner points out that as per para 18 of the Ext.P1 G.O., revising the salary of the employees with effect from 01.04.2009, the employees can opt a date in between 01.04.2009 to 31.03.2010 to come over to the

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new pay scale. However, by Ext.P2 circular, the Registrar restricted the employees from exercising option on promotion, for new pay scale.

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3.It appears that Ext.P2 circular restricts an employee from exercising option on promotion for new pay scale inasmuch as the Government permits the employee to exercise option in between 01.04.2009 to 31.03.2010 to come over to the new pay scale, which cannot be

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..2..

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W.P.(C) No. 7119 of 2014

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restricted by the Registrar while issuing a circular under Section 66A of the Co-operative Societies Act. Therefore, this Court is of the view that Ext.P2 circular has to be set aside to the extent it restricts the employee from exercising option in between 01.04.2009 to 31.03.2010 to come over to the new pay scale.

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4.Accordingly, the writ petition is disposed of, as follows;

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Ext.P2 circular is set aside to the extent it restricts the employee from exercising option in between 01.04.2009 to 31.03.2010 to come over to the new pay scale.

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Ext.P3, rejecting the revised option exercised by the petitioner, and Ext.P4, confirming the rejection, are also set aside.

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In view of the fact that the petitioner has exercised option on 01.03.2010, consequential benefits shall be given to the petitioner.

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Sd/-

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A. MUHAMED MUSTAQUE JUDGE

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bka/-

Jithesh Kumar.T.K v. Purameri Service Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Jithesh Kumar.T.K v. Purameri Service Co-Operative Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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