Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY,THE14H DAY OF FEBRUARY201425TH MAGHA, 1935 W.P.(C).No.26347 of 2010 (P) -------------------------------------------------- PETITIONER(S):- ----------------------- M.M.MATHEW, MUTHUPLAKKAL,UDUMBANNOOR PO, THODUPUZHA, IDUKKI DISTRICT. BY ADVS.SRI.P.RAMAKRISHNAN SRI.T.C.KRISHNA. RESPONDENT(S):- --------------------------- 1. ASSISTANT REGISTRAR (GENERAL), THODUPUZHA, IDUKKI DISTRICT.
2. THE UDUMBANNOOR SERVICE CO-OPERATIVE BANK LIMITED NO.E-93, REPRESENTED BY ITS SECRETARY,UDUMBANNOOR PO, THODUPUZHA, IDUKKI DISTRICT PIN - 683 595. R1 BY GOVERNMENT PLEADER SRI.P.P.PADMARAJAN. R2 BY ADVS.SRI.P.V.BABY SRI.R.KIRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1402-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- WP(C).NO.26347 OF2010P ---------------------------------------- APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 TRUE COPY OF GOVERNMENT ORDER
DATED235.2005. EXT.P2 TRUE COPY OF REPRESENTATION DATED81.2008 SUBMITTED BY THE PETITIONER BEFORE THE2D RESPONDENT. EXT.P3 TRUE COPY OF REPRESENTATION DATED245.2010 SUBMITTED BY THE PETITIONER BEFORE THE1T RESPONDENT. RESPONDENT'S EXHIBITS:- ----------------------------------------- EXT.R2(a) - TRUE PHOTO COPY OF LETTER DATED116.2007 OF THE SUB COMMITTEE. EXT.R2(b) - TRUE [HOTO COPY OF THE ORDER
DATED218.2010. vku/- ( true copy ) K. Vinod Chandran, J -------------------------------------- W.P.(C).No.26347 of 2010-P --------------------------------------- Dated this the 14th day of February, 2014 JUDGMENT
The petitioner has filed the above writ petition aggrieved by the non-disbursal of the arrears of pay revision, as evidenced by Exhibit P1. Exhibit P1, it is admitted, is applicable to the 2nd respondent-Society. As per Exhibit P1, pay revision was made applicable to the Societies, with retrospective effect from 01.04.2004. However, with respect to arrears, it was clearly indicated in Clause-14 that arrears would be payable only from 01.10.2004. Hence, though the revision of pay has to be fixed from 01.04.2004, no employee would be entitled to arrears from 01.04.2004 to 01.10.2004 and only for subsequent periods, the entitlement of arrears would arise.
2. There is some stipulation with respect to the retired employees between the said period, which is not relevant in the case of the petitioner. The petitioner was admittedly continuing in service after 01.10.2004 and he retired in December, 2006. The petitioner, hence, is entitled to the pay revision, especially since no sanction from the Registrar for exemption, has been obtained as per WP(C).26347/2010 - 2 - Clause-20 of Exhibit P1. Admittedly Clause-20 of Exhibit P1 entitles a Society to pass a valid resolution considering the financial difficulties to exempt itself from the pay revision order. However, such a resolution passed with valid reasons have to be placed before the Registrar and the Registrar has to sanction the same and only then the exemption would be operative.
3. The learned counsel for the respondent-Bank, however, would rely on Exhibit R2(b). Exhibit R2(b) is a communication from the Assistant Registrar (General) to the Secretary/President of the respondent-Bank, which clearly finds that the petitioner is entitled to the pay revision. But, however, the Assistant Registrar opines that with respect to the arrears the respondent-Bank could take a decision appropriately. That is only an opinion of the Assistant Registrar and does not at all absolve the Society from paying the arrears as per Exhibit P1 notification. Exhibit P1 is clear in its terms, insofar as, the exemption has to be applied for within a reasonable time from the notification and sanction obtained from the Registrar. No such exemption has been resolved by the Managing Committee; nor has been sanctioned by the Registrar. In such circumstance, it is incumbent upon the Society to implement the pay revision as stipulated in Exhibit P1 to its employees. WP(C).26347/2010 - 3 - 4. The petitioner would have to be fixed in the revised pay scale from 01.04.2004 and the arrears ought to be paid from 01.10.2004 till his date of superannuation. Needless to say, all consequential benefits payable on retirement would also be revised in accordance with Exhibit P1. The same shall be done within a period of two months from today. If the amounts are not paid within the two month period, then the amount shall carry interest at the rate of 6% from the date of superannuation till the date of payment. In the event of the Society becoming liable to pay interest, on default of payment of arrears within the stipulated time, the interest liability shall not be mulcted on the Society and it shall be ensured that the same goes out of the pocket of the officer who commits such default. Writ petition allowed. No costs. Sd/- K.Vinod Chandran Judge. vku/- ( true copy )