IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 10194 of 2009(T) ---------------------------------------- PETITIONER(S): ------------------------- GEETHA.A, SENIOR CLERK, KOTHAKURSSI SERVICE CO-OPERATIVE BANK LTD NO.F.1049, PANAMANNA PO, PALAKKAD. BY ADVS.MR.K.MOHANAKANNAN, SMT.A.R.PRAVITHA. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT. CO-OPERATION, THIRUVANANTHAPURAM. 2. THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATION SOCIETIES, OTTAPALAM ,PALAKKAD. 3. KOTHAKURSSI SERIVCE CO-OPERATIVE BANK LTD. NO.F 1049, REPRESENTED BY THE SECRETARY, PANAMANNA PO, PALAKKAD. 4. THE JOINT REGISTRAR, (GENERAL) CO-OPERATIVE SOCIETIES, PALAKKAD. 5. KOTHAKURSSI SERVICE CO-OPERATIVE BANK LTD NO.F 1049, MANAGING COMMITTEE REPRESENTED BY ITS PRESIDENT. R1, R2 & R4 BY GOVERNMENT PLEADER MR. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10194/2009 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER OF THE APPOINTMENT OF THE PETITIONER. P2: COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER. P3: COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF AYYAPPAN. P4: COPY OF THE MINUTES OF RESOLUTION NO.19 OF THE BANK. P5: COPY OF THE PAY FIXATION FORM AND THE FORM OF EXERCISING OPTION DTD. 24/09/05. P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT OF THE BANK ON 8/10/07. P6(A): COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P7: COPY OF THE COMMUNICATION NO.446/08/C DTD. 14/05/08 ISSUED BY THE 2ND RESPONDENT. P8: COPY OF THE COMMUNICATION NO.695/08/C DTD. 5/07/08 ISSUED BY THE 2ND RESPONDENT. P9: COPY OF THE COMMUNICATION DTD. 27/01/09 BY THE 4TH RESPONDENT. P10: COPY OF THE G.O.(P) NO.6/88/P&ARD DTD. 15/02/88. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC,J. --------------------- W.P.(C).No.10194 OF 2009 ------------------------ Dated this the 29th day of May, 2009. JUDGMENT By Ext.P1 order dated 15.12.1990, petitioner was appointed as Junior Clerk under the 3rd respondent Co- operative Bank. The appointment order specified the probationary period of one year. According to the petitioner during the probationary period, with effect from 24.10.1991, she availed of maternity leave for 90 days. Excluding the aforesaid 90 days period, her eligibility for declaration of probation was considered and her probation was declared with effect from 1.5.1992. Accordingly, her date of increment was also got postponed and it is on that basis the Petitioner has drawing her emoluments since then. She refers to Ext.P2, her service book to support this contention. WP(c).No.10194/09 2 2. According to the petitioner, on 15.12.1990 itself yet another person Mr. Ayyappan was appointed as Junior Clerk and his probation was declared on completion of one year from the date of initial appointment and he is drawing pay and other allowances on that basis. Her representation for reckoning the maternity leave period and rectifying the anomalies including pay revision emoluments did not yield any result and it is in these circumstances the writ petition is filed. 3. Although by order dated 30.3.2009, notice was ordered to respondents 3 to 5 and despite service, there is no appearance on their behalf. 4. Counsel mainly relies on Ext.P10 Government Order, which provides that the period of maternity leave cannot be excluded while eligibility for declaration of probation is considered. This Government Order has been incorporated in the KSR as well. From the Government Order, it is obvious that the period of maternity leave ought to have been reckoned for the purpose of declaration of probation. This WP(c).No.10194/09 3 has not been done in this case. 5. I am clarified that the petitioner is entitled to a direction to the respondents to reckon the maternity leave period availed of by the Petitioner for 90 days from 24.10.1991 and to declare her probation on that basis. This the 3rd respondent shall do, within 4 weeks of production of a copy of the judgment. 6. On that basis, the pay and other emoluments, including the option exercised by the Petitioner for the benefit of pay revision shall be reconsidered in the light of the said order. Petitioner shall produce a coy of the judgment before the 3rd respondent, who shall comply with the order. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.10194/09 4