IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WA.No. 471 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.9038/2011 Dated 23/03/2011 .................... APPELLANT(S): / PETITIONER -------------- K.S.POULOSE, ASSISTANT SECRETARY, AYROOR SERVICE CO-OPERATIVE BANK LTD. NO.2237, (VIA) KURUMASSERY, AYROOR - 683 579. BY ADV. SRI.P.P.JACOB RESPONDENT(S): / RESPONDENTS --------------- 1. THE AYROOR SERVICE CO-OPERATIVE BANK LTD. NO.2237, (VIA) KURUMASSERY, AYROOR.P.O., NORTH PARUR, ERNAKULAM, PIN - 683 579, REPRESENTED BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ERNAKULAM, COCHIN - 16. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695 001. MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.No.471 of 2011 --------------------------------- Dated, this the 6th day of April, 2011 J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the judgment of the learned Single Judge directing the appellant to pursue remedy before the Government for redressing his grievance. The appellant while working as Assistant Secretary of the Society was reverted to the post of Accountant. The reversion has taken effect even though appellant's appeal against the reversion is pending before the Government. The learned Single Judge rightly directed the Government to dispose of the appeal and so much so, there is no scope for interference with the judgment of the learned Single Judge under appeal. However, since appeal against reversion is pending before the Government, we feel no recovery of salary paid in the cadre of Assistant Secretary should be made until disposal of the appeal by the Government, and thereafter recovery if any should be based on orders in appeal. W.A.No.471/2011 -2- The Government is directed to dispose of the appeal within two months from the date of receipt of a copy of this judgment. There will be a direction to the Society to make promotion if any given to any other person/persons subject to the result of the appeal filed by the appellant before the Government. This Writ Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg