T.S. ELSAMMA Vs. JOINT REGISTRAR OF CO

JUDGEMENT

(1.) The petitioner has approached this Court seeking the following reliefs:-

(2.) Heard learned Senior Counsel appearing for the petitioner, learned Government Pleader appearing for respondents 1 and 2 and the learned counsel appearing for the 3rd respondent-Cooperative Bank.

(3.) It is submitted that the petitioner was initially appointed as Junior Clerk on 22.11.1998. She was promoted as Senior Clerk w.e.f. 1.1.1990. The first higher grade on completion of ten years of service in the post of senior clerk was granted to the petitioner with effect from 1.1.2000. She was further promoted as Accountant w.e.f. 1.6.2006 and as Branch Manager from 01.08.2006 and further, Assistant Secretary on 1.3.2013. The petitioner was granted fixation of pay in posts as well. It is stated that though the pay revision w.e.f. 1.4.2009 was implemented in the respondent Society, benefits of the said revision was granted to the petitioner. On approaching the society the petitioner was told that Junior Concurrent Auditor had raised objections with regard to the fixation of pay of the petitioner. It is stated that the Committee of the Board resolved to recover excess amount, if any, from the petitioner paid on account of mistake in the fixation of pay. Ext.P4 representation was also addressed to the 2nd respondent by the Society forwarding the resolution and seeking favourable orders. It is stated that by Exhibit P5 dated 28.11.2015, the 2nd respondent had issued orders directing recovery of amounts allegedly paid in excess from the petitioner.