IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 OP.No. 24891 of 1998(L) ----------------------- PETITIONER: ------------------ P.P.MOHAMMED (EX-SECRETARY, PULIKKAL SERVICE CO-OPERATIVE BANK LTD.) PUTHIYAPARAMBATH HOUSE, PULIKKAL P.O. PIN-673 637, MALAPPURAM DIST. BY ADV. SRI.C.P.SUDHAKARA PRASAD SRI.S.RAMESH SRI.ELVIN PETER P.J. RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MALAPPURAM. 3. PULIKKAL SERVICE CO-OPERATIVE BANK LTD. NO.F.1892 PULIKKAL P.O., PIN 673 637, MALAPPURAM DISTRICT REPRESENTED BY ITS SECRETARY. BY ADV. SRI.K.M.SATHYANATHA MENON FOR R3 BY GOVERNMENT PLEADER M.K.PUSHPALATHA SRI.P.N.SANTHOSH SRI.S.D.ASOKAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.24891/1998 ORDER ON C.M.P.NO.43772 OF 1998 IN O.P.NO.24891 OF 1998 DISMISSED 3.1.2008 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ORDER, G.O.(P) NO.101/86/CO-OP DATED 25.11.1986. EXT.P2: COPY OF STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE OF PAY OF THE PETITIONER. EXT.P3: COPY OF ORDER, G.O.(P) NO.45/87/CO-OP DATED 18.8.1987. EXT.P4: COPY OF COMMUNICATION DATED 16.5.1995 SENT BY THE 3RD RESPONDENT BANK TO THE JOINT REGISTRAR. EXT.P5: COPY OF THE REVISION OF THE SCALE OF PAY SANCTIONED TO THE PETITIONER FROM 1.7.1984 TO 30.6.1989. EXT.P6: COPY OF ORDER NO.CRP(2) 4064/95 DATED 30.11.1995 ISSUED BY THE 2ND RESPONDENT. EXT.P7: COPY OF ORDER G.O.(RT) NO.345/96/CO-OP DATED 27.9.1996. EXT.P8: COPY OF JUDGMENT DATED 7.4.1995 IN O.P.NO.8554/93 OF THIS HON'BLE COURT. EXT.P9: COPY OF JUDGMENT DATED 5.2.1998 IN O.P.NO.485/97 OF THIS HON'BLE COURT. EXT.P10: COPY OF ORDER NO.E.M.3/31711/97 DATED 22.1.1998 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES. EXT.P11: COPY OF ORDER NO.CRP/4994/97/L.DIS. DATED 28.4.1998 ISSUED BY THE JOINT REGISTRAR OF CO-OP. SOCIETIES, KOZHIKODE. EXT.P12: COPY OF ORDER, G.O.(RT) NO.327/98/CO-OP DATED 23.9.1998. RESPONDENTS 'EXHIBITS: EXT.R3(a) : COPY OF THE DECISION TAKEN BY THE BOARD OF THE BANK DATED 8.5.1995. EXT.P3(b): COPY OF THE STATEMENT GIVEN BY THE BANK DATED 21.11.1995. /TRUE COPY/ P.A. TO JUDGE THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- O.P.NO.24891 OF 1998 ------------------------------------------- Dated this the 3rd day of January, 2008 JUDGMENT The petitioner joined the service of the third respondent Service Co-operative Bank in 1964. That Bank was categorised as class VI at the time. That Bank was later classified to be a class I Bank. Such classification was also confirmed by this Court. Thereafter, the bank resolved to extend the benefits given to Government servants, to the employees of the bank also. However, the statutory authorities took the stand against the establishment. As of now, the promotional scale or revised scale that the petitioner is entitled to, fall for consideration as per the impugned order, Ext.P12. The refixation was held to be applicable to the basic D.A. only. Accordingly, the Government concluded that the basic D.A. as on 31.3.1984 cannot be allowed to be calculated on a scale of pay which is not an extent on that day. The said view was on the premise that GO(P) 101/86/Co-op dated 25.11.1986 allowed refixation only on the basic D.A. But when revision of pay is ordered, there is no reason why the OP24891/98 2 revision of D.A. could not be effected, particularly when the employee, third respondent, had resolved to give the benefit of revision. 2. In such circumstances, the impugned orders are quashed and it is declared that the petitioner would be entitled to revised scale of pay from 1.7.1984 to 30.6.1996 on the basis of fixation of pay in Exts.P4 and P5. Consequential revision of pensionary benefits shall also due to him. Benefits on the basis of this order shall be released by the third respondent within an outer limit of a period of three months from the date of receipt of a copy of this judgment. The writ petition is allowed. No order as to costs. THOTTATHIL B.RADHAKRISHNAN, Judge csl