IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 11900 of 2010(J) -------------------------- PETITIONER: --------------- MOHANAN.A.N. S/O. NARAYANAN, EDATHOTTIVEEDU, NEDUNGAPRA, THURUTHY P.O., VIA KURUPPAMPADY, ERNAKULAM DISTRICT (WORKING AS ATTENDER NEDUNGAPRA SERVICE CO0OPERATIVE BANK). BY ADV. SRI.N.K.SUBRAMANIAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KUNNATHUNADU, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. THE NEDUNGAPRA SERVICE CO-OPERATIVE BANK LTD.,NO.E.135,NEDUNGAPRA P.O.,ERNAKULAM DISTRICT 683545. 4. THE BOARD OF DIRECTORS,THE NDUNGAPRA SERVICE CO-OPERATIVE BANK LTD., NO.E.135, NEDUNGAPRA P.O.,ERNAKULAM DISTRICT- 683545. 5. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENARAL), ERNAKULAM. STANDING COUNSEL SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. --------------------------------------- W.P.(C) No.11900 of 2010 --------------------------------------- Dated this the 24th day of May, 2010 J U D G M E N T The petitioner has filed this writ petition challenging Exhibit P3 order issued by the second respondent. The petitioner is working as an attender in the third respondent Bank. He has more than 28 years of service to his credit. As per the existing rules he is eligible for the 2nd, 3rd and 4th Higher Grades. The Board of Directors took a decision to grant the 2nd and 3rd Higher Grades to the petitioner and the same was forwarded to the Joint Registrar for approval through the 2nd respondent. The second respondent, in turn, has returned the same for reasons which are according to the petitioner, untenable and unreasonable. According to the petitioner, he is entitled to the higher grades since he has completed 28 years of service. The petitioner contends that the 2nd respondent does not have the power or the authority to W.P.(C) No.11900 of 2010 2 consider the legality or correctness of the higher grades granted to the petitioner. The petitioner has therefore filed Exhibit P6 appeal which is pending before the first respondent. The petitioner complains that no orders have been passed thereon till date. In the above circumstances, the 2nd respondent has issued a communication directing the petitioner to exercise his option for the purpose of regularizing and refixing the pay of the petitioner in accordance with Exhibit P3. If the pay and other allowance of the petitioner are refixed in accordance with Exhibit P3 he will have to pay back amounts that he has drawn from 1991 onwards. According to the petitioner, he would suffer irreparable injury and loss. 2. The counsel for the 3rd respondent Bank submits that the petitioner is working as an attender. However, by mistake his higher grade has been fixed on the basis of the salary that is drawn by a junior clerk. Because of the W.P.(C) No.11900 of 2010 3 above mistake it is submitted the petitioner's higher grade is liable to be refixed on the basis of the salary drawn by an attendant. 3. Be that as it may, I do not propose to consider the merits of the contentions raised before me for the reason that the petitioner has already challenged Exhibit P3 in appeal before the first respondent, as per Exhibit P6. Since Exhibit P6 is pending consideration of the first respondent, it is sufficient that the petitioner's appeal is directed to be considered and disposed of expeditiously. 4. In the above circumstances, this writ petition is disposed of directing the first respondent to consider the appeal filed by the petitioner as evidenced by Exhibit P6 in accordance with law, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy this judgment after hearing the W.P.(C) No.11900 of 2010 4 interested parties. Until Exhibit P6 appeal is finally disposed of, all further action pursuant to Exhibit P8 shall be kept in abeyance. K.SURENDRA MOHAN, JUDGE. rkc