B.CHANDRIKA AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner has filed this writ petition seeking to quash Exts.P4 and P5, whereby the 4th respondent bank was granted exemption to implement revision of salary, by Government Order No.220/2015 dated 23.8.2005 till 31.3.2008, and order passed by the 4th respondent dated 30.11.2009 declining benefit of pay revision to the petitioner, and for other related reliefs.

(2.) Brief facts for the disposal of the writ petition are thus; petitioner retired from the service of the 4th respondent as Secretary in the year 2006. First respondent vide Ext.P1 order directed to re-fix the pay of employees of Co-operative Societies w.e.f. 1.4.2004. Contention of the petitioner is that, petitioner is also entitled to the benefit of Ext.P1. With malafide intention to deny petitioner the benefits of Ext.P1, 4th respondent requested to exempt them from implementing Ext.P1 revision of salary. Thereupon, 4th respondent passed Ext.P5 order declining benefit of Ext.P1 order of pay revision to the petitioner. According to the petitioner, the 4th respondent misinterpreted Ext.P4 and issued Ext.P5 denying benefit of Ext.P1 to petitioner. That apart it is also contended that, the 4th respondent issued all benefits of Ext.P1 to six other employees retired after the petitioner. That, 4th respondent also failed to remit their contribution to the Group Gratuity Scheme resulting the denial of benefit of gratuity to the employees of the 4th respondent by LIC of India Limited. Fourth respondent has not issued the eligible gratuity to the petitioner. It is thus aggrieved by Ext.P1 and also claiming eligible gratuity from the 4th respondent, this writ petition is filed.

(3.) Third respondent has filed a counter affidavit refuting the allegations and claims and demands made by the petitioner. It is contended that, the Government as per Ext.P1, revised pay scales of the employees of Co-operative Societies on and w.e.f. 1.4.2004. However, clause 20 of Ext.P1 order makes a provision to grant exemption to those banks, who applies with sufficient reasons for not implementing the said order, for the reason that it is not either functioning or due to financial difficulties. The 4th respondent has submitted application stating that the bank is suffering from acute financial constraints. The said request was recommended by the Joint Registrar and after considering all the aspects, Ext.P4 order permitting 4th respondent bank from not implementing the pay revision as per Ext.P1 was issued. As per Ext.P5 the pay revision was implemented in the bank only w.e.f. 1.4.2008. Therefore, the petitioner who retired from service on 31.5.2006 is not eligible for revision and further that, the pay revision granted w.e.f. 1.4.2008 is not having any retrospective effect. It is thus as per resolution No.2, adopted in the meeting held on 29.4.2009 the bank has decided to implement Ext.P1 order w.e.f. 1.4.2008. It was also decided not to disburse the arrears eligible as per pay fixation from 1.4.2008 to 31.4.2009 due to the financial difficulties faced by the 4th respondent.