PREMPLOYEES STATE INSURANCE CORPORATIONDENT, NEERODI FISHERIES CO-OPERATIVE SOCIETY LIMITED Vs. JOINT DIRECTOR OF FISHERIES (REGIONAL) AND TMT S RANI

JUDGEMENT

(1.) The petitioner filed the above writ petition praying to issue a writ of Certiorari to call for the records pertaining to the order dated 30.10.2000 in Na.Ka. No. 5115/E/2000 of the first respondent and quash the same.

(2.) The writ petitioner is a Co-operative Society, the facts that are necessary for disposal of the writ petition are as follows:

(3.) The second respondent filed her counter-affidavit stating that the second respondent was appointed as a Clerk in the petitioner society on 01.08.1991. she was paid consolidated salary of Rs. 300/- per month. From 01.04.1994 the consolidated pay was enhanced to Rs. 750/- per month and from 01.04.1996 it was further enhanced to Rs. 1000/- Thereafter the Assistant Director of Fisheries Nagercoil, in his proceedings dated 13.09.1997 fixed the salary in the pay scale of Rs. 640-20-680-25-805 for petitioner society. On the basis of the above proceedings, the second respondent requested the writ petitioner to fix her pay. Inspite of implementing the order of the Assistant Director of Fisheries, the petitioner society by resolution dated 19.10.1997 converted the consolidated pay into daily wages of Rs.35/per day. The said resolution was not informed to the second respondent. When the society calculated her salary of Rs. 910/- (Rs. 35x26 days), she refused to receive the same on the ground that she was already drawing a consolidated salary of Rs. 1000/- and further more as per the order of the Assistant Director of Fisheries, Nagercoil dated 13.09.1997, she is entitled for salary in the new scale of Rs. 540/- and the total salary in the new scale will be Rs. 1537/-. Thereafter another resolution was passed fixing her salary as Rs. 1200/- from February, 1998. Ultimately, the President agreed to implement the order of the Assistant Director of Fisheries, Nagercoil by giving salary with effect from 01.04.1997 and accordingly, directed the second respondent to prepare the minutes. As per the practice, the President of the Society entrusted the minutes book to the second respondent on 25.08.1998 and directed her to prepare the minutes in compliance with the order of the Assistant Director of Fisheries, Nagercoil dated 13.09.1997. After verifying the minutes, the President of the society gave her Rs. 15,372/-, which was the cash available with the President on 25.08.1998, and the President of the Society further directed the balance amount of Rs. 12,319/- to be taken from daily collection and accordingly the balance amount was taken by the second respondent on the next seven days' collection and it has been recorded in the daybook also. But the charge memo was served on 12.03.1999 for alleged malpractice of preparing the minutes and withdrawing the arrears of salary. A reply was given by her on 24.03.1999 and another charge memo dated 30.06.1999 containing six charges was served to her and for that also she gave her reply. The cash balance was always in the custody of the President or the Special Officer of the Society. Further, there was some collections on the basis of Insurance Policy the certain policies were withdrawn subsequently. Therefore, the amount that was collected were deposited after deducting the administrative charges. Collections were remitted but it was not shown in the day book with respect to three claims of the insurance. The audit party pointed out the mistake and the cash balance was with the President and yet shortage has been collected from the second respondent on 03.02.2000 while paying subsistence allowance for the months of October to December, 1999 and January,2000. The charges are totally false and hence, the writ petition is liable to be dismissed.