IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 24665 of 2009(C) ----------------------------------------- PETITIONER(S): ------------------------ K.GEETHA, JUNIOR CLERK, KADALUNDI SERVICE CO-OPERATIVE BANK LTD,F.1500, PO,KADALUNDI, KOZHIKODE. BY ADV. SRI.P.P.JACOB RESPONDENT(S): ---------------------------- 1. KADALUNDI SERVICE CO-OP.BANK LTD, NO.F 1500, KADULANDI, KOZHIKODE, REPRESENTED BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OP.SOCIETIES(G),KOZHIKODE. *ADDL.R3 IMPLEADED: R3. P.RADHAKRISHNAN, S/O. ARUMUGHAN, PILAKKAT HOUSE, KADALUNDI P.O., KOZHIKODE. (*ADDL.R3 IS IMPLEADED VIDE ORDER DTD. 8/06/10 IN I.A.NO.1623/10) R1 BY ADV. SRI.MOHAMMED SALIH. M. R2 BY SR. GOVERNMENT PLEADER SRI. K.S.MUHAMMED HASHIM ADDL.R3 BY ADV. SMT.K.K.PREETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24665/2009 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER ISSUED BY THE PRESIDENT OF THE SOCIETY DTD. 14/08/90. P2: COPY OF THE PROCEEDING DECLARING PROBATION OF THE PETITIONER DTD. 5/09/1991. P3: COPY OF THE FEEDER CATEGORY RULE OF THE FIRST RESPONDENT DTD. NIL. P4: COPY OF THE STAFF PATTERN OF THE FIRST RESPONDENT DTD. 5/09/03. P5: COPY OF THE SENIORITY LIST DTD.01/02/2002 ISSUED BY FIRST RESPONDENT. P6: COPY OF THE REPRESENTATION OF THE PETITIONER FILED BEFORE THE FIRST RESPONDENT DTD. 30/07/08. P7: COPY OF THE ORDER ISSUED BY SECOND RESPONDENT DTD.16/07/09. P8: COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT DTD.26/7/08. P9: COPY OF THE ORDER ISSUED BY FIRST RESPONDENT DTD.28/07/09. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS OF THE BANK DTD. 9/12/08. R3(B): COPY OF THE UNDERTAKING DTD. 27/01/09 EXECUTED BY THE PETITIONER. R3(C): COPY OF THE REPRESENTATION DTD. 09/12/09 SUBMITTED BY THE PETITIONER TO THE REGISTRAR OF CO-OPERATIVE SOCIETIES. /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 24665 OF 2009 C ----------------------------------------------------------- Dated this the 2nd July, 2010. JUDGMENT The petitioner has filed this writ petition challenging Exts.P7 and P9 proceedings by which, she has been directed to pay an amount of Rs.34,792/- alleging that the said amount represented excess pay received by her. According to the petitioner, she was appointed as per Ext.P1 as a typist on 16/8/1990. The post of Junior Clerk and Typist are similarly situated. As per feeder category rules, the post of typist will be designated as junior clerk on acquiring the qualification of JDC. The petitioner while working as a typist was sent for the JDC course being conducted by the State Co-operative Union and she completed her training on 31/3/1996. Since the petitioner's annual increment was due on 1st August she was sanctioned the same from 1/4/1996 instead of 1/8/1995. According to the petitioner the higher grade benefit should have been granted fixing the pay scale of the promotion post. Therefore, the petitioner submitted a representation Ext.P6 which was referred to the second respondent for consideration. As per Ext.P7 order, the request was rejected. The first respondent has also issued Ext.P9 directing the petitioner to repay an amount WPC 24665/2009 2 of Rs.34,792/- which represents the excess pay that was allegedly received by the petitioner. This writ petition is filed challenging the said proceedings. 2. The learned senior Govt. Pleader, Shri. K.S.Muhammed Hashim places reliance on the decision reported in Raveendran v. State of Kerala {2007(3) KLT 558} wherein it has been held that the dispute in connection with the employment of officers and servants of different classes of societies or societies specified in sub-section(1) of Section 80 including their promotion and inter se seniority has to be decided by the Arbitration Court. Therefore, it is submitted that the petitioner has to approach the Arbitration Court for necessary reliefs. 3. In view of the above legal position, this writ petition is disposed of without prejudice to the rights of the petitioner to challenge Exts.P7 and P9 before the Arbitration Court under the provisions of the Kerala Co-operative Societies Act, 1969. Recovery of the amounts demanded in Ext.P9 shall be kept in abeyance for a period of one month. K. SURENDRA MOHAN Judge jj WPC 24665/2009 3 WPC 24665/2009 4