Employees of Kerala State Cooperative Bank sought direction to pay arrears of pay revision. The Court directed the Bank to expedite disbursement within four months.
The First Respondent was directed to expedite measures and disburse pay revision arrears by 4 months.
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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 24TH DAY OF SEPTEMBER 2020 / 2ND ASWINA, 1942
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PETITIONERS:
1 WILSONLAL M.,
3 ROY K.B., SENIOR MANAGER, R15094, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
PART TIME CONTINGENT, ZA0305, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
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10 SULOCHANA K., PART TIME CONTINGENT, ZS0285, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
16 AMBIKA R., CASH ASST/GOLD APPRAISER, A13105, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
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21 VIJAYA KUMAR S., CASH ASST/GOLD APPRAISER, V13290, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
25 GOPAKUMAR R.P., CASH ASST/GOLD APPRAISER, G12394, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
29 THANKAMONI AMMA T., PART TIME CONTINGENT, ZT0185, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
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31 CHANDRAKUMAR K., CASH ASST/GOLD APPRAISER, C10805, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
36 ANITHA ABRAHAM,
DEPUTY GENERAL MANAGER, A 12594, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
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40 SASI KUMAR V., SENIOR MANAGER, S19095, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
41 JOSEPH T.P., SENIOR MANAGER, J11894, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
42 SAJEEV J., SENIOR MANAGER, S17794, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
43 SHAFI M., SENIOR MANAGER, S 17594, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
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60 NALINI D., PART TIME CONTINGENT, ZN0185, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
61 LALITHAMBIKA S., PART TIME CONTINGENT, ZL0485, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
64 SURENDRANATH V.K., CLERK GR II, S16590, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
66 VALSALAM C., RECORD KEEPER, V12886, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
67 SURESHAN M., SENIOR MANAGER, S17894, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
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70 RAJESWARI K., PART TIME CONTINGENT, ZR0285, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
71 NIZA T.R., SENIOR MANAGER, N10694, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
72 SHAJAN V.S., SENIOR MANAGER, S 17994, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
CASH ASST/GOLD APPRAISER, U10705, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
75 DINOOP K.NAIR, CASH ASST/GOLD APPRAISER, D10807, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
76 INDIRA C., PART TIME CONTINGENT, ZI0387, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
77 REMANI K., PART TIME CONTINGENT, ZR0685, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
78 PREETHI C., PART TIME CONTINGENT,ZP0200,KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
79 SANU C., SENIOR MANAGER, S18995, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
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81 SHAJAHAN A.J., CASH ASST/GOLD APPRAISER, S18694, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
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95 SAILAJAKUMARI, PEON/PEON ATTENDANT,S19808, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
PART TIME CONTINGENT, ZS0485, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
PART TIME CONTINGENT, ZI0285, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
PART TIME CONTINGENT, ZN0285, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
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102 PRABHATHARANI L.K., TYPIST GRD I, P12700, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
103 ALEYKUTTY K.C., PART TIME CONTINGENT, ZA0204, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
104 SANTHAKUMARI C., PART TIME CONTINGENT, ZS0685, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
106 VELAYUDHAN K., PART TIME CONTINGENT, ZV0300, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
107 SURESH B., PART TIME CONTINGENT,ZS0500,KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
108 VIJAYAMMA P.O., PART TIME CONTINGENT, ZV0200, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
109 DEVAYANI A.P., PART TIME CONTINGENT, ZD0207, KERALA STATE COOPERATIVE BANK LTD., CO-BANK TOWERS,THIRUVANANTHAPURAM - 695 001.
BY ADV. SRI.P.N.MOHANAN
RESPONDENT/S:
1 KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY MANAGING DIRECTOR/CHIEF EXECUTIVE OFFICER, CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
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2 THE ADMINISTRATOR, KERLA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, THIRUVANANTHAPURAM - 695 001.
3 THE GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, COOPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
SRI.GILBERT GEORGE CORREYA, SC, KERALA STATE COOPERATIVE BANK LTD. SRI. BIMAL K NATH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed seeking a direction to the respondents 1 and 2 to disburse pay revision arrears flowing from Ext.P2 pay revision order for the period from 1.4.2008 to 31.3.2010 with 8% interest and for incidental reliefs.
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when Exhibit P4 resolution was passed no longer exists. Stating all these facts, the petitioners have preferred Exts.P8 and P9 representations several months back. However, no action was taken. They would also refer to Exhibit P10 order passed by the Registrar sanctioning the pay revisions to the petitioners in the earlier writ petition.
The petitioners shall produce a copy of the writ petition along with the judgment before the 1st respondent to ensure compliance.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE BALANCE SHEET AS ON 31/03/2019 PUBLISHED BY THE FIRST RESPONDENT BANK. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE G.O.(K) NO.224/2010 CO.DATED 23/12/2010. |
| EXHIBIT P3 | A TRUE COPY OF THE RESOLUTION NO.375 DATED 16/03/2011 OF THE BANK. |
| EXHIBIT P4 | A TRUE COPY OF THE RESOLUTION NO.64 DATED 01/06/2012 OF THE BANK. |
| EXHIBIT P5 | A TRUE COPY OF THE RESOLUTION NO.488 DATED 10/01/2019 OF THE BANK. |
| EXHIBIT P6 | A TRUE COPY OF THE JUDGMENT DATED 2/06/2014 IN W.P.(C) NO.2059/2013. |
| EXHIBIT P7 | A TRUE COPY OF THE JUDGMENT DATED 06/08/2018 IN W.A.NO.1017/2014. |
| EXHIBIT P8 | A TRUE COPY OF THE PETITION DATED 27/01/2020 SUBMITTED BY THE PETITIONERS. |
| EXHIBIT P9 | A TRUE COPY OF THE PETITION DATED 01/02/2020 SUBMITTED BY HE FOURTH PETITIONER BEFORE THE 3RD RESPONDENT. |
| EXHIBIT P10 | A TRUE COPY OF THE ORDER DATED 06/08/2014 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES. |
RESPONDENT'S/S EXHIBITS:
//TRUE COPY// P.A.TO JUDGE
2 issues framed by the court
Whether the Bank should be directed to disburse pay revision arrears pending since 2008.
Whether the delay due to the Bank running at a loss justifies non-disbursement of sanctioned pay revisions.
WILSONLAL M. AND OTHERS
KERALA STATE CO-OPERATIVE BANK LTD.
THE ADMINISTRATOR, KERLA STATE CO-OPERATIVE BANK LTD.
THE GOVERNMENT OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
