A P BALAKRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are the Secretary, Accountant, Senior Clerk and Junior Clerk of the 4th respondent Society and they impugn here the classification of banking Co-operative Societies with working capital between Rs. 5 lakhs and 10 lakhs into Urban Banks coming under the Banking Regulation Act and Credit societies for the purpose of regulating the qualification, remuneration, allowances and other conditions of service of officers and servants as contained in Appendix III to the Co-operative Societies Rules, 1969,

(2.) SECTION 80 (1) of the Kerala Cooperative Societies Act, 1969 enables the government to classify the societies governed by the Act according to their type and financial position. Sub-section (3) therein enables the Government to make rules regulating the qualification, remuneration, allowances and other conditions of service of the Officers and servants of different classes of Societies specified in Sub-section (1 ). Sub-section (2) of the section enables the government to fix or alter the number and designation of the Officers and servants of different classes of societies specified in Sub-section (1 ). Pursuant to the aforesaid enabling provisions the Government has made rules which are contained in Chap. XV of the Co-operative Societies Rules, 1969. Rule 182 says that:

(3.) CREDIT Societies as per the Appendix consist of six classes. On the basis of financial position Class V therein takes in societies with working capital of Rs. 5 lakhs and above but below Rs. 10 lakhs, and loan outstanding above Rs. 3 lakhs but below 7. 5 lakhs. Such a Society can have a Secretary, a Senior Clerk, a Junior Clerk. and an Attendant as its employees. The Secretary's pay scale in such a society is fixed as per Appendix III as Rs. 125-8-165-10-195; the Senior clerk's Rs. 90-5-130; and the Junior Clerk's as Rs. 80-5-120.