IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 17272 of 2005(F) ----------------------------------------- PETITIONER(S): ---------------------------- K.N.SYAMALAVALLY ANTHERJANAM, ATTENDER, FARMER'S SERVICE CO-OPERATIVE BANK LTD.NO.E 45, KOOTHATTUKULAM. BY ADV. SRI.D.SREEKUMAR RESPONDENT(S): ---------------------------- 1. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, ERNAKULAM. 2. THE KOOTHATTUKULAM FARMER'S SERVICE CO-OPERATIVE BANK LTD.NO.E 45, KOOTHATTUKULAM, REPRESENTED BY ITS SECRETARY. 3. THE DIRECTOR BOARD, KOOTHATTUKULAM FARMER'S SERVICE CO-OPERATIVE BANK LTD.NO.E 45, REPRESENTED BY ITS MANAGING DIRECTOR. GOVERNMENT PLEADER FOR R1 ADV. SRI.M.G.KARTHIKEYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17272/2005 F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PAGE OF PETITIONER'S SERVICE BOOK EVIDENCING THE GRANT OF FIRST HIGHER GRADE. EXT.P2: COPY OF THE RELEVANT PAY OF THE PETITIONER'S SERVICE BOOK EVIDENCING THE GRANT OF REVISED SCALE OF PAY. EXT.P3: COPY OF THE RELEVANT PAGE OF THE PETITIONER'S SERVICE BOOK. EXT.P4: COPY OF THE RELEVANT PAGE OF THE PETITIONER'S SERVICE BOOK. EXT.P5: COPY OF ORDER DTD. 25/03/2004 ISSUED BY THE 2ND RESPONDENT. EXT.P6: COPY OF REPRESENTATION DTD. 30/03/2004 FILED BY THE PETITIONER TO THE 1ST RESPONDENT JOINT REGISTRAR. EXT.P7: COPY OF THE JUDGMENT IN WP(C) NO.17609 OF 2004 DTD. 15/06/2004. EXT.P8: COPY OF ORDER NO.C.R.P.(2) 4076/04 DTD. 17/09/2004 OF THE 1ST RESPONDENT. EXT.P9: COPY OF ORDER DTD. 20/12/2004 ISSUED BY THE MANAGING DIRECTOR THE KOOTHATTUKULAM FARMERS' SERVICE CO-OP. BANK TO THE PETITIONER. EXT.P10: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DTD. 15/01/2005. RESPONDENT'S EXHIBITS: EXT.R2(A): COPY OF THE ORDER PASSED BY THE ASST.REGISTRAR DTD. 24/09/2003. EXT.R2(B): COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DTD. 17/09/2004. EXT.R2(C): COPY OF THE G.O. DTD. 28/09/2005. EXT.R2(D): COPY OF THE LETTER OF THE PETITIONER DTD. 3/1/2005 TO THE 2ND RESPONDENT. Kss ..2/- ...2..... WPC.NO.17272/2005 F EXT.R2(E): COPY OF THE LETTER OF THE PETITIONER DTD. 12/01/2005 TO THE 2ND RESPONDENT. EXT.R2(F): COPY OF THE RELEVANT PAGE OF THE ACQUITTANCE ROLE IN RESPECT OF THE PETITIONER. EXT.R2(G): COPY OF THE RELEVANT PAGE OF THE PAY BILL IN RESPECT OF THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. ============================== W.P.(C) No.17272 OF 2005(F) ============================== Dated this the 10th day of November, 2008 J U D G M E N T According to the petitioner, the impugned fixation of pay is erroneous and an affront to the directions in Exhibit P8 issued by the Joint Registrar exercising the authority of the Registrar, in as much as, it is in violation of Exhibit P8. The second respondent employer society contends through counter affidavit that it has given effect to Exhibit P8 and has rectified certain discrepancies and mistakes by the issuance of Exhibits P5 and P9. Therefore, the short issue is as to whether the second respondent employer society has acted in terms of Exhibit P8 direction of the Joint Registrar. Though the issue ultimately relates to fixation of pay, in view of Exhibit P8 the question to be decided is as to whether the impugned action of issuance of Exhibits P5 and P9 would be in violation of Exhibit P8. This is a matter that the Joint Registrar has to decide because the question is the violation or otherwise of the directions of that officer. Hence, without entering on merits and sustaining the interim order to W.P.(C) No.17272/2005 - 2 - continue for a period of six months, this writ petition is disposed of ordering that the parties will appear before the first respondent to mark their attendance on the 2nd December, 2008 to get appropriate listing of the matter before that officer. The parties will be heard by the first respondent touching all aspects, as raised in the writ petition, counter affidavit and reply affidavit, which the parties will be at liberty to place in the form of copies before that officer. The final decision shall be taken on the grievance of the petitioner within an outer limit of four months, thereafter. The interim order passed by this Court will stand vacated on the Joint Registrar rendering his decision and the parties then will be governed by that order. Communicate a copy of this judgment to the Joint Registrar. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Skr/10/11