The High Court allowed a writ petition seeking to quash a recovery notice and an order restricting the operative date of a promotion. Ruling that the promotion was valid per the 2012 rules, the Court quashed the subsequent recovery orders.
Allowed the writ petition; quashed Ext.P9 order to the extent it affected the petitioner and Ext.P10 and P11 orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 4TH DAY OF AUGUST 2016/13TH SRAVANA, 1938
WP(C).No. 8066 of 2016 (G)
PETITIONER:
JOSHY.P.R S/O. PUTHOOR RAMAKRISHNAN,AGED 45 YEARS, WORKING AS CLERK, EDATHIRUTHY SERVICE CO-OPERATIVE BANK NO.F-1045, RESIDING AT PUTHOOR HOUSE, EDATHIRUTHY P.O THRISSUR DISTRICT 680 703.
BY ADVS.SRI.JAMES ABRAHAM (VILAYAKATTU) SRI.P.BALAN (VYTTILA)
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, CO-OPERATION DEPARTMENT, SECRTARIAT, THIRUVANANTHAPURAM 695 001
2. THE JOINT REGISTRAR(GENERAL), OFFICE OF THE CO-OPERATIVE JOINT REGISTRAR, THRISSUR.
3. ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR, KODUNGALOOR, THRISSUR DISTRICT.
4. THE EDATHIRUTHY SERVICE CO-OPERATIVE BANK LTD, NO F-1045, REPRESENTED BY ITS SECRETARY, EDATHIRUTHY P.O, THRISSUR DISTRICT 680 703.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8066 of 2016 (G)
APPENDIX
| PETITIONER(S)' -------------- |
EXHIBITS --------- |
|---|---|
| EXHIBIT P1: |
A TRUE COPY OF THE DECISION DATED 7-4-2004 TAKEN BY THE 4TH RESPONDENT |
| EXHIBIT P2: |
A TRUE COPY OF THE DECISION DATED 23-4-2011 TAKEN BY THE 4TH RESPONDENT. |
| EXHIBIT P3: |
A TRUE COPY OF THE NOTIFICATION DATED 4-1-2011 PUBLISHED IN KERALA GAZETTE. |
| EXHIBIT P4: |
A TRUE COPY OF THE ORDER NO C.S (3) 39539/07 DATED 4-2-2011. |
| EXHIBIT P5: |
A TRUE COPY OF THE ORDER NO C.S 2272/2012 DATED 23-5-2012 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P6: |
A TRUE COPY OF THE DECISION DATED 14-07-2012 TAKEN BY THE 4TH RESPONDENT. |
| EXHIBIT P7: |
A TRUE COPY OF THE DECISION DATED 13-09-2012 TAKEN BY THE 4TH RESPONDENT. |
| EXHIBIT P8: |
A TRUE COPY OF THE LETTER NO C.S(3) 918/2012(1) DATED 10-2-2014. |
| EXHIBIT P9: |
A TRUE COPY OF THE ORDERNO C.R.P 4453/2014 DATED 30-06-2014 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P10: |
A TRUE COPY OF THE ORDER NO M 983/2014 DATED 15-10-2014 ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT P11: |
A TRUE COPY OF THE RECOVERY NOTICE DATED 19-2-2016 ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT P12: |
A TRUE COPY OF THE JUDGMENT IN W.P 3685/2015 DATED 14-10-2015. |
| RESPONDENT(S)' | EXHIBITS NIL |
/TRUE COPY/
P.S TO JUDGE
K.V.
SHAJI P. CHALY, J.
W.P.(C). No. 8066 of 2016
----------------------------------------------Dated this the 4th day of August, 2016
JUDGMENT
This writ petition is filed by the petitioner seeking to quash Ext.P9 to the extent it affects the petitioner and also Ext.P10 seeking recovery, of the amounts allegedly overpaid to the petitioner in the post of Junior Clerk from the date of his appointment on 01.07.2012 and for other related reliefs.
W.P.(C). No.8066 of 2016
2
Manager. Therefore, the post of Junior Clerk become vacant and thereupon petitioner was promoted w.e.f. 1.7.2012, as he is the only qualified person to occupy the post of Junior Clerk. Accordingly, 4th respondent forwarded the documents for securing approval from the 2nd respondent. However, 2nd respondent issued Ext.P9 order stipulating that the revised feeder category sub-rule will come into force only with effect from the date of Ext.P9 order i.e., 30.6.2014. Consequent to Ext.P9, 3rd respondent directed the 4th respondent by Ext.P11 order, to recover the entire salary given to the petitioner on account of the promotion granted to the petitioner, and as per Ext.P11 recovery notice, directed the petitioner to remit an amount of Rs.5,19,252/- within 30 days from the date of receipt of notice. It is thus aggrieved by Exts.P9 and P11, petitioner has approached this court.
W.P.(C). No.8066 of 2016
3
also approved by the 4th respondent in its counter affidavit.
W.P.(C). No.8066 of 2016
4
W.P.(C). No.8066 of 2016
5
sustained under law. Ext.P10 order is passed consequential to Ext.P9, by which, 4th respondent bank was directed to initiate recovery and it was thereupon that Ext.P11 recovery notice was issued by the 4th respondent to recover the salary allegedly overpaid to the petitioner. Ext.P9 to the extent it affects the petitioner confining the promotion of the petitioner from the date of the said order will have no consequence to the promotion effected to the petitioner as per Ext.P6 order. In that view of the matter, petitioner is entitled to succeed in this writ petition.
Sd/- SHAJI P. CHALY JUDGE
smv 05.08.2016
2 issues framed by the court
Whether the petitioner is entitled to occupy the post of Junior Clerk from his date of promotion in 2012 or only from the date of a subsequent order in 2014.
Whether the recovery notice issued for alleged overpayment of salary consequent to the promotion is sustainable in law.
Colour shows how this judgement treated each authority
Elampal Service Co-operative Bank Ltd. v. Government of KeralaReferred¶39
Elampal Service Co-operative Bank Ltd. v. Government of Kerala reported in [2000(3) KLT 389]
2 provisions across 2 enactments
JOSHY.P.R S/O. PUTHOOR RAMAKRISHNAN
STATE OF KERALA REPRESENTED BY ITS SECRETARY CO-OPERATION DEPARTMENT
THE JOINT REGISTRAR GENERAL
THE EDATHIRUTHY SERVICE CO-OPERATIVE BANK LTD
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
SHAJI P. CHALY
Parties & counsel
