Allowed

Shiju Thomas v. Trikkaipetta Sevice Co-Operative Bank Ltd.

Kerala HC22 Nov 2022WP(C)/15939/2021

Case brief

AI extract

What is this about?

The High Court allowed the petitioners' request for directions to the bank to consider granting arrears of salary for retrospective promotions and to appoint a petitioner as Head Clerk, fixing timelines for the application.

What did the court decide?

Directions issued for the respondents to consider requests for arrears of salary and promotion to Head Clerk within specified timelines.

Shiju Thomas Vs Trikkaipetta Sevice… — Pension and Retirement Benefits | Kerala HC (2022)

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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 DEVAN RAMACHANDRAN

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TUESDAY, THE 22^ND DAY OF NOVEMBER 2022 / 1ST AGRAHAYANA, 1944

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WP(C) NO. 15939 OF 2021

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PETITIONER:

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1 SHIJU THOMAS, AGED 46 YEARS, S/O. THOMAS, SENIOR CLERK, TRIKKAIPETTA SERVICE CO-OPERATIVE BANK LTD, NO.F.7602, MEPPADI (POST) WAYANADU DISTRICT,PIN-673 577, RESIDING AT MANISSERIL (HOUSE), VAZHAVATTA (POST), KALPETTA, WAYANAD,PIN-673 122

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2 PRASANNA.K.M., AGED 43 YEARS, W/O.PRAKASH.N.K., SENIOR CLERK, TRIKKAIPETTA SERVICE CO-OPERATIVE BANK LTD, NO.F.7602, MEPPADI (POST) WAYANADU DISTRICT,PIN673 577,RESIDING AT SUPRAKRITHI (HOUSE) NEAR TO FIRE STATION, MADIYOOR, KALPETTA (POST), WAYANADU -673 122

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BY ADV JESWIN P.VARGHESE

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RESPONDENTS:

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1 TRIKKAIPETTA SEVICE CO-OPERATIVE BANK LTD NO.7602 MEPPADI (POST) WAYANADU DISTRICT,PIN-673 577, REPRESENTED BY ITS SECRETARY

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2 THE BOARD OF DIRECTORS, TRIKKAIPETTA SERVICE COOPERATIVE BANK LTD, NO.F.7602, MEPPADI (POST) WAYANADU DISTRICT,PIN-673 577, REPRESENTED BY THE PRESIDENT

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3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF ASSISTANT REGISTRAR (GENERAL), VYTHIRI, KALPETTA (POST), WAYANADU DISTRICT,PIN-673 122

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4 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF JOINT REGISTRAR (GENERAL), KALPETTA (POST), WAYANADU DISTRICT,PIN-673 122

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BY ADV P.N.MOHANAN SMT.PARVATHY.K-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 15939 OF 2021

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JUDGMENT

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When this matter was called today, the learned counsel for the petitioners – Sri.Jeswin P.Varghese, conceded that his clients have already been promoted as Junior Clerks and Senior Clerks from retrospective dates. He thus confined his plea that the first respondent - Society be directed to grant them arrears of salary, consequent to such promotions; and that the second petitioner be directed to be further promoted as Head Clerk, with effect from 11.08.2017, since this post is still vacant.

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Sri.P.N.Mohanan, learned counsel appearing for the Society, submitted that if the second petitioner makes a request before the second respondent - Board of Directors for promotion, the same can be considered; however praying that the question of arrears of salary to the petitioners be left open to be decided by the said Authority in terms of law. He added that he is making this request because, even when the petitioners have been given retrospective promotions, the question whether they are eligible to arrears of salary or only to the benefits thereunder, are to be decided by his client at the first instance.

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I must say that the afore submissions of

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WP(C) NO. 15939 OF 2021

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Sri.P.N.Mohanan certainly appeals to me.

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In the afore circumstances, I allow this writ petition with the following directions:

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(a) I leave liberty to the second petitioner to make an application for promotion to the post of Head Clerk with effect from 11.08.2017; and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, the same shall be considered by the second respondent - Board of Directors, after hearing the petitioners; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

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(b) I allow the petitioners to make a request for arrears of salary with respect to their retrospective promotions, before the second respondent within a period of one month from today; and if this is done, the same shall also be considered by them, after hearing them; thus leading to an apposite order thereon within a period of one month thereafter.

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Sd/- DEVAN RAMACHANDRAN JUDGE

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stu

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WP(C) NO. 15939 OF 2021

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APPENDIX OF WP(C) 15939/2021

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF THE PROCEEDING OF PRESIDENT OF 1ST RESPONDENT SOCIETY APPOINTING THE 1ST PETITIONER AS PEON DATED 05.07.2008
Exhibit P2	A TRUE COPY OF THE PROCEEDING OF PRESIDENT OF 1ST RESPONDENT SOCIETY APPOINTING THE 2ND PETITIONER AS PEON DATED 05.07.2008
Exhibit P3	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONERS BEFORE THE 1ST RESPONDENT DATED 20.4.2015
Exhibit P4	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONERS BEFORE THE 1ST RESPONDENT DATED 11.05.2016
Exhibit P5	A TRUE COPY OF THE SENIORITY LIST OF EMPLOYEES OF 1ST RESPONDENT SOCIETY DATED 27.06.2018
Exhibit P6	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT DATED 27.06.2018

Shiju Thomas v. Trikkaipetta Sevice Co-Operative Bank Ltd.

Case brief

What is this about?

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Shiju Thomas v. Trikkaipetta Sevice Co-Operative Bank Ltd.

Case brief

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What the court decided

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