IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WA.No. 2181 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.35367/2008 Dated 19/08/2009 .................... APPELLANT(S): 4TH RESPONDENT ---------------------------- T.P.KUMARAN, `HARISREE', P.O.KOORARA, VIA CHEMPAD, KANNUR DISTRICT, PIN-670 694. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------- 1. THE MOKERI SERVICE CO-OPERATIVE BANK LTD.NO.F 1463, P.O.PATHAYAKUNNU, KANNUR DISTRICT, REPRESENTED BY ITS PRESIDENT, K.ARAVINDAKSHAN. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOOTHUPARAMBA. ADV. SRI.M.RAMESH CHANDER FOR R1 SMT.K.A.SANJEETHA SRI.ANEESH JOSEPH GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A.No.2181 of 2009 ----------------------------------------- Dated this the 3rd day of November, 2009 JUDGMENT Kurian Joseph,J. The 4 th respondent in the writ petition is the appellant herein. The first respondent/writ petitioner approached this court challenging Ext.P6 order passed by the Joint Registrar of Co-operative Societies. As per Ext.P6 impugned proceedings the Joint Registrar fixed the scale of Rs.1075-1740 on granting the second higher grade on completion of 20 years of service. The order was given effect to from 1-7-1991. According to the Bank the 4 th respondent having received the benefits while in service, was not justified in invoking the supervisory power of the Joint Registrar of Co- operative Societies, particularly after retirement, in the matter of fixation of the scale of pay. According to the Bank the fixation made as per Ext.P3 on 30-7-1998 had become final and the same was not liable to be reviewed. The learned single Judge set aside the impugned Ext.P6 order mainly on W.A.No.2181 of 2009 -:2:- the ground of delay and laches on the part of the 4 th respondent and thus aggrieved, the appeal at the instance of the 4 th respondent. 2. No doubt, at the first blush it would appear that there is gross delay on the part of the 4 th respondent in invoking the supervisory jurisdiction of the Joint Registrar of Co-operative Societies in the matter of fixation of pay. The delay cannot defeat the justice. We do not find any serious contention for the Bank that the 4 th respondent is not otherwise entitled to the fixation. Therefore, if an employee is entitled to a benefit, particularly in the matter of fixation of pay on granting 20 years of higher grade and if a mistake had crept in and if the said mistake went un-noticed by the beneficiary of the proceedings and if on a later occasion the said employee duly invokes the power vested under the Act in the Registrar of Co-operative Societies for exercise of the supervisory jurisdiction and in such circumstances, if the said authority looks into the matter and takes steps to rectify the mistake, it cannot be said that there is delay. True, the Joint Registrar has reviewed his own order Ext.P3. But as we noted above, law cannot be helpless in taking W.A.No.2181 of 2009 -:3:- a measure so as to advance justice, and that too, to an employee who worked in an establishment. By taking such steps evidently the Joint Registrar has only rectified a mistake committed by him while passing Ext.P3 order. At the worst, in such circumstances, the employer will be justified in denying interest while claiming the benefit arising out of the refixation of pay. We find from the impugned order that there is no order regarding payment of interest. We also find that the principle behind the view taken by us has been settled by the Supreme Court in Union of India v. Tarsem Singh 2008(8) SCC 648. In the above circumstances we set aside the judgment of the learned single Judge and allow this appeal and dismiss the writ petition. The benefits flowing out of Ext.P6, if not already disbursed, shall be disbursed within a period of one month from the date of production of a copy of this judgment. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.A.No.2181 of 2009 ---------------------------- JUDGMENT 3rd November, 2009