TIRUR MOTOR TRANSPORT CO-OPERATIVE SOCIETY LTD Vs. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), MALAPPURAM

JUDGEMENT

(1.) The appellants were the petitioners in WP(C) No.28058/2019. This appeal is preferred against the judgment passed thereon. The first appellant is Tirur Motor Transport Co-operative Society which is registered under the Kerala Cooperative Societies Act and the Rules framed thereunder. The second appellant is its Secretary. They filed the writ petition seeking quashment of Ext.P8 and issuance of a Writ of Mandamus commanding the first respondent to reconsider Ext.P6 resolution and to grant retrospective operation to Ext.P4 feeder category from 01.01.2003 in the light of the dictum laid down in the decision reported in Skaria v Joint Registrar,1993 1 KerLT 328. Declarations to the effect that the 2nd petitioner/ 2nd appellant is entitled to pay revisional benefits with effect from 01.04.2014 notwithstanding the objection raised in Ext.P5 dated 12.06.2018 and that in terms of Ext.P2 pay revision order, there is no need of further approval of the pay revision by the 2nd respondent, the Assistant Registrar in view of the approval of the same by the Auditor, were also sought for. The pleadings in the writ petition as also in this appeal would reveal that the petitioners are aggrieved by the rejection of the prayer to grant retrospective operation to Ext.P4, as sought for under the resolution passed, on 01.06.2016. The pleadings would reveal that as per the resolution dated 01.06.2016, the Managing Committee prepared feeder category and forwarded the same for approval of the Joint Registrar. The same was considered and approved by the Joint Registrar as is evident from Ext.P4. Earlier, in the matter of pay revision, Ext.P3 resolution was passed by the Managing Committee of the society on 26.05.2017. The resolution was, in fact, forwarded to the Assistant Registrar along with a statement of pay fixation. The pay fixation was returned by the Assistant Registrar stating that there is no feeder category approved by the department for the purpose of promotion. In fact, it is in the said circumstances that the Management prepared feeder category Rules as per the resolution dated 01.06.2016 and forwarded it for the approval of the Joint Registrar. Ext.P4 is the approved said feeder category Rules. The case of the petitioners is that there occurred certain mistakes in the pay fixation and thereupon, the Managing Committee passed another resolution in its Meeting held on 11.07.2018 requesting the Joint Registrar to grant retrospective operation to Ext.P4 feeder category with effect from 01.01.2003, in order to rectify the mistakes in granting promotion to the employees. Ext.P6 which carried such a request was declined as per Ext.P8.

(2.) A counter affidavit was filed by the first respondent before the writ court. It is stated therein that upon verification of the resubmitted application from the appellants to get approval to the pay fixation of the 2nd respondent in the post of Secretary, it was noticed that he was granted promotion to the post of Secretary on 08.02.2011 whereas the said feeder category was approved only with effect from 18.05.2017. As the feeder category was approved only on 18.05.2017, promotion granted earlier, when no such post was in existence could not be approved, it is stated in the counter affidavit. In short, contending that Ext.P8 order is perfectly in order, the respondents sought for dismissal of the writ petition. After considering the rival contentions with reference to the relevant provisions of law the learned Single Judge dismissed the writ petition. However, it is ordered that since the 2nd petitioner was appointed as the Secretary with effect from 08.02.2011 and had worked as such, during the period up to Ext.P8 the payments already effected to him for the said service should not be recovered. It is dissatisfied with and feeling aggrieved by the said judgment that the appellants herein preferred this appeal.

(3.) Heard the learned counsel for the appellants as also the learned Government Pleader.