S SASIKUMAR Vs. P K OMANA

JUDGEMENT

(1.) Appellants 1 to 12 were employees of the Pathanamthitta District Co-operative Bank. They had retired from service after 31.05.2005. Appellants 13 to 22 are legal heirs of persons who retired from the bank after the aforesaid date. The appellants filed W.P.(C) No.27440 of 2018 to issue direction to the bank to disburse them arrears of pay for the period from 01.07.2002 to 30.06.2003, based on Ext.P1 government order. The writ petition filed by them is dismissed. They have come up in appeal.

(2.) We have heard learned counsel for the appellants and also the respondent bank. We have also heard the learned Government Pleader.

(3.) As per Ext.P1 government order dated 21.06.2005, the pay and allowances of the employees of the Co-Operative Banks in the State were revised with effect from 01.07.2002. It was stipulated in Ext.P1 order that the revision of pay will take effect from 01.07.2002 but arrears shall be paid only from 01.07.2003. Subsequently, the government issued Ext.P2 order dated 06.01.2007, stating that arrears of pay from 01.07.2002 to 30.06.2003 shall be paid to all persons who retired from service after the date 30.06.2003. Later, the government issued Ext.P3 order dated 20.03.2007, stating that arrears of pay for the period from 01.07.2002 to 30.06.2003 shall be given to all persons who retired from service during the period from 30.06.2003 to 31.05.2005. In other words, by virtue of Ext.P3 order, the persons who retired from service after the date 31.05.2005 are not entitled to get the arrears of pay for the period from 01.07.2002 to 30.06.2003. The appellants filed the writ petition challenging the legality of Ext.P3 government order and claiming disbursement of arrears of pay for the period from 01.07.2002 to 30.06.2003. Learned Single Judge dismissed the writ petition on the ground that the appellants approached the Court after undue delay and that they failed to explain the delay.