IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WA.No. 119 of 2004(B) --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.1890/2003 Dated 20/06/2003 .................... APPELLANTS: RESPONDENTS 2 AND 3 IN THE O.P: ----------------------------------------------------------------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI. BENNY GERVACIS RESPONDENTS: PETITIONERS 1 TO 8 AND 1ST RESPONDENT IN THE O.P: -------------------------------------------------------------------------------------------------------------- 1. THE MALAPPURAM DISTRICT CO-OPERATIVE BANK EMPLOYEES UNION, REG.NO.10-1/2001, REPRESENTED BY ITS GENERAL SECRETARY, C.K.ABDUL RAHIMAN, MALAPPURAM. 2. M.P.MANOJ, CLERK, THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD.NO.4329, MALAPPURAM. 3. A.LALITHA, CLERK, THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD. NO.4329, MALAPPURAM. 4. I.VIJAYALAKSHMI, CLERK, THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD.NO.4329, MALAPPURAM. Kss ..2/- ...2..... W.A.NO.119/2004 5. O.BABY LATHA, CLERK, THE MALAPPURAM DISTRICT CO-OPERATIVE BAN LTD. NO.4329, MALAPPURAM. 6. M.VISHNU SAJITH, CLERK, THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD. NO.4329, MALAPPURAM. 7. M.UNNIKRISHNAN, STENO-TYPIST, MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD. NO.4329, MALAPPURAM. 8. M.ABDUL NAZAR, PEON, THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD.NO.4329, MALAPPURAM. 9. THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD. NO.4329, MALAPPURAM. ADV. SRI.GEORGE POONTHOTTAM – R1 TO R8 SRI.U.K.RAMAKRISHNAN SMT.P.VIJAYAMMA SRI.V.KRISHNA MENON SMT.UMA GOPINATH SRI.DEVIDAS.U.K. SRI.SANDEEP.E. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/07/2008 ALONG WITH OP NO. 11602 OF 2002 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & V.K.Mohanan, JJ. -------------------------------------- W.A. No. 119/2004 and O.P.Nos.14564/1999 and 6294,9677,9678,10002, 11602, 11798 and 17126/2002 --------------------------------------- Dated this the 11th day of July, 2008 Judgment Koshy,J. These writ petitions are filed by the employees of the Co-operative bank regarding curtailment of their benefits which they are entitled. Under the Service Rules they are entitled to leave and surrender of the same as provided under section 188 of the Kerala Co-operative Societies Rules. By Ext.P2 Government order dated 16.1.2002, Government curtailed such benefits to Government employees as an austerity measure. By Ext.P1 circular dated 30.3.2002, the Registrar of Co-operative Societies extended the above to the Co-operative Societies. That was not challenged by the petitioner. Those austerity measures were withdrawn. The above facilities were reinstated to Government employees. But, for the period in question only those employees who got interim orders from the court got the benefit. The Secretary has submitted that they have passed a resolution granting the above benefit. Registrar W.A.No.119/2004 & connection 2 of Co-operative Societies cannot curtail benefits granted as per statutory rules by a circular. But, Registrar has to approve the same. We are of the view that employees are entitled to the benefits of leave and leave encashment benefits as provided under rule 188. When the bank is prepared to pay the amount and some of the employees who approached this court earlier got the same by way of interim order during the period also, petitioners are also entitled to pay the amount. Therefore, considering the withdrawal of austerity measures and considering the fact that the bank has also passed a resolution, we direct that during the interim period also petitioners are entitled to get the benefit and bank is directed to give the benefits. The writ appeal and original petitions are disposed of accordingly. 2. In O.P. No.1890 of 2003 and some other cases, the learned single Judge held that as per the circular new recruits will get basic pay alone for the first two years. That cannot be made applicable to Co-operative Societies by way of circular. In view of the facts, we have stated without going into the power of the Registrar to issue circular in such aspects and since there was no interim stay also after passing the impugned judgment, the petitioners are entitled to salary as per statutory rules as prescribed W.A.No.119/2004 & connection 3 for the post in which they were appointed. The writ appeal and original petitions are disposed of accordingly. J.B.Koshy Judge V.K.Mohanan Judge vaa W.A.No.119/2004 & connection 4 J.B. KOSHY AND V.K.MOHANAN,JJ. ------------------------------------- W.A. No. 119/2004 and O.P.Nos.14564/1999 and 6294,9677,9678,10002, 11602, 11798 and 17126/2002 ------------------------------------- Judgment Dated:11th July, 2008