IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 27742 of 2007(C) ---------------------------------------- PETITIONER(S): ------------------------ 1. JAYAPRAKASH T., PHARMACIST, NEETHI MEDICAL STORE, PAYYANNUR CO-OPERATIVE RURAL BANK, PAYYANNUR, KANNUR DISTRICT. 2. JAYARAJAN K., PHARMACIST, NEETHI MEDICAL STORE, PAYYANNUR CO-OPERATIVE RURAL BANK, PAYYANNUR, KANNUR DISTRICT. 3. ASOKKUMAR P., SALESMAN, NEETHI MEDICAL STORE, PAYYANNUR CO-OPERATIVE RURAL BANK, PAYYANNUR, KANNUR DISTRICT. 4. SUDHAKARAN C.,SALESMAN, NEETHI MEDICAL STORE, PAYYANNUR CO-OPERATIVE RURAL BANK, PAYYANNUR, KANNUR DISTRICT. 5. MANOHARAN K.V., SALESMAN, NEETHI MEDICAL STORE, PAYYANNUR CO-OPERATIVE RURAL BANK, PAYYANNUR, KANNUR DISTRICT. 6. P.V.RAGHU, SALESMAN, NEETHI MEDICAL STORE, PAYYANNUR CO-OPERATIVE RURAL BANK, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): -------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR. 2/- -2- WP(C)NO.27742/2007 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. 3. STATE OF KERALA- REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE PAYYANNUR CO-OPERATIVE RURAL BANK, PAYYANNUR, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY. R1 TO R3 BY GOVERNMENT PLEADER SRI.P.M.MANOJ R4 BY ADV. SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.27742/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 18/3/2000 ISSUED BY THE REGISTRAR OFCO- OPERATICE SOCIETIES. P2 COPY OF THE ORDER DATED 30/6/2000. P3 COPY OF THE ORDER DATED 29/11/2001 ISSUED BY THE FIRST RESPONDENT. P4 COPY OF THE ORDER DATED 24/8/2002 ISSUED BY THE 1ST RESPONDENT. P5 COPY OF THE ORDER CONTAINING THE STAFF PATTERN OF THE SOCIETY DATED 17/6/2005. P6 COPY OF THE ORDER NO.4803/07 DATED 31/7/2007 ISSUED BY THE 1ST RESPONDENT JOINT REGISTRAR. P7 COPY OF THE MEMO DATED 3/9/2007 ISSUED TO THE PETITIONERS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.27742 of 2007 ------------------------------- Dated this the 7th day of July, 2011 J U D G M E N T Petitioners 1 and 2 are working as Pharmacists and petitioners 3 to 6 are working as Salesman in the Neethi Medical Store run by the fourth respondent society. The fourth respondent co- operative society was granted permission by the Registrar of Co- operative Societies to open the Neethi Medical Store by Ext.P1 order dated 18.3.2000. Later by Ext.P2 order dated 30.6.2000, the Joint Registrar of Co-operative Societies, Kannur sanctioned the post of Pharmacist and Salesman on a consolidated pay of Rs.3000/- and Rs.2000/- respectively. Still later, by Ext.P3 order dated 29.11.2001, the Joint Registrar of Co-operative Societies, Kannur enhanced the salary of Pharmacist and Salesman to Rs.3500/- and Rs.2500/- respectively. Thereafter, the Joint Registrar of Co-operative Societies granted the scale of pay of Rs.3295-80-3375-90-3825-100-4425-125- 5175-150-6075 to Pharmacists and Rs.2780-65-2975-80-3375-90- 3825-100-4425-125-5050 to Salesman by Ext.P4 order dated 24.8.2002. The petitioners were thereupon placed in the scale of pay fixed as per Ext.P4 and they were being paid accordingly. Years later, by Ext.P6 letter dated 31.7.2007, the Joint Registrar of Co-operative Societies (General), Kannur cancelled Ext.P4 order in view of the W.P.(C) No.27742/2007 2 directions issued by the Registrar of Co-operative Societies in Ext.P9 letter dated 10.7.2007. Consequently, the Secretary of the Bank issued Ext.P7 letter dated 3.9.2007 directing the petitioners to refund the excess amount drawn by them as salary. Hence this writ petition challenging Ext.P6. 2. When the writ petition came up for hearing today, learned counsel for the petitioners submitted that Ext.P9 letter dated 10.7.2007 issued by the Registrar of Co-operative Societies was quashed by a learned single Judge of this Court in W.P.(C) No.28550 of 2007 filed by the Pharmacist of a Neethi Medical Store run by the Kizhathadiyoor Service Co-operative Bank, Pala on the ground that the Registrar had no authority to issue the impugned decision for the reason that the order sanctioning the posts and fixing pay scales was issued by the Joint Registrar in exercise of the power of the Registrar conferred upon him. The learned counsel also submitted that though the State of Kerala, the Registrar of Co-operative Societies and the Joint Registrar of Co-operative Societies challenged the said judgment by filing W.A.No.2131 of 2008, the said appeal was dismissed by Ext.P10 judgment following the decision of another Division Bench of this Court in W.A.No.2023 of 2008 which arose from W.P.(C) No.27557 of 2007 filed by other Pharmacists of the Neethi Medical W.P.(C) No.27742/2007 3 Store run by the Kizhathadiyoor Service Co-operative Bank, Pala. The learned counsel submitted that as Ext.P9 order has already been quashed, the direction issued in Ext.P6 cannot be sustained and therefore, the petitioners are entitled to succeed. 3. The learned Government Pleader appearing for the respondents submitted that in the judgment dismissing W.A.No.2131 of 2008 which is produced as Ext.P10, the Division Bench did not decide the issued on the merits, but dismissed the appeal for the reason that the delay in filing the writ appeal has not been properly explained. Therefore, it cannot be said that Ext.P6 order which is based on Ext.P9 is also liable to be quashed, it was contended. 4. I have considered the submissions made at the Bar by the learned counsel on both sides. It is not in dispute that pursuant to Ext.P9 letter, the Joint Registrar of Co-operative Societies, Kottayam had issued an order similar to Ext.P6 cancelling the earlier order issued by him placing the Pharmacists and Salesman of the Neethi Medical Stores run by the Kizhathadiyoor Service Co-operative Bank, Pala in the scale of pay of Rs.3295-6075 and Rs.2780-5050 respectively. By judgment delivered in W.P.(C) No.28550 of 2007 filed by a Pharmacist of a Neethi Medical Store run by the Kizhathadiyoor Service Co-operative Bank, Pala, this Court held that W.P.(C) No.27742/2007 4 the directions issued by the Registrar of Co-operative Societies in Ext.P9 which was produced and marked as Ext.P4 in that writ petition was without the sanction or authority of law. The same view was taken in W.P.(C) No.27557 of 2007 filed any yet another employee of another Neethi Medical Store run by the Kizhathadiyoor Service Co- operative Bank, Pala. Though the State of Kerala filed appeals challenging the above two decisions, the appeals were dismissed as barred by limitation. However, the fact remains that a learned single Judge of this Court has in W.P.(C) Nos. 28550 of 2007 and 27557 of 2007 quashed Ext.P9. Since Ext.P9 has already been quashed, I am of the opinion that the directions issued by the Joint Registrar of Co- operative Societies (General), Kannur in Ext.P6 order cannot be sustained. I accordingly allow the writ petition and quash Ext.P6 order. Consequently, the demand made in Ext.P7 shall stand withdrawn. P.N. RAVINDRAN, JUDGE. nj.