High Court Kerala High Court

V.N.Radhakrishnan Nair vs The General Manager on 19 September, 2006

Kerala High Court
V.N.Radhakrishnan Nair vs The General Manager on 19 September, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 3421 of 2004(G)


1. V.N.RADHAKRISHNAN NAIR,
                      ...  Petitioner

                        Vs



1. THE GENERAL MANAGER,
                       ...       Respondent

2. THE REGISTER OF CO-OPERATIVE

                For Petitioner  :SRI.G.SUKUMARA MENON

                For Respondent  :SRI.T.R.RAMACHANDRAN NAIR,SC, ALP.DIST.

The Hon'ble MR. Justice K.THANKAPPAN

 Dated :19/09/2006

 O R D E R
                              K.THANKAPPAN, J.
                          ------------------------------------
                           W.P.(C)NO. 3421 OF 2004
                          ------------------------------------


                   Dated this the 19th day of September, 2006


                                   JUDGMENT

The petitioner challenges Ext.P2 intimation and Ext.P3 order issued

by respondents 1 and 2 respectively. By Ext.P3, the second respondent –

Registrar of Co-operative Societies directed the Bank to recover the excess

amount paid to the petitioner due to the wrong promotion given to him

and the pay scale fixed on promotion.

2. The petitioner joined the service of the first respondent – Bank as

Typist on 15.11.1966 and on 1.8.1972, he was appointed as Steno Typist .

He was subsequently promoted to the post of Junior Accountant on

1.7.1978 and Senior Accountant on 1.10.1988. Thereafter, the petitioner

was given higher grade benefit of III grade equal to the promotion post of

Branch Manager with effect from 1.7.1996 and his basic pay was fixed at

Rs.4925/-. While so, the first respondent – Bank as per Ext.P2

communication informed the petitioner that his promotion as Senior

Accountant and Branch Manager and the pay scales fixed were irregular as

W.P.(C)NO.3421/2004 2

the petitioner did not possess the required qualification and he was

directed to refund an amount of Rs.2,68,116/-.

3. The petitioner has already retired from service. Learned counsel

appearing for the petitioner submits that both Exts.P2 and P3 are arbitrary

and illegal. Counsel further submits that the second respondent issued

Ext.P3 without giving the petitioner an opportunity to explain his case. It

is the further case of the petitioner that the promotions were effected in

1988 and 1996 and Ext.P3 is issued only on 3.7.2003 and that the mistake

committed was not due to the fault of the petitioner. The petitioner

further submits that no objection was raised even though annual audits

were conducted. Hence, according to the petitioner, Exts.P2 and P3 are

not sustainable.

4. A counter affidavit is filed for and on behalf of the first

respondent – Bank. Relying on the counter affidavit, learned counsel

appearing for the Bank submits that the pay of the petitioner on promotion

was revised on the basis of the undertaking given by the petitioner that he

shall refund the excess amount, if any, drawn by him.

W.P.(C)NO.3421/2004 3

5. Admittedly, the petitioner entered service as Typist on

15.11.1966 and considering the work done by him, he was appointed as

Steno Typist. When a vacancy of Junior Accountant arose, the petitioner

was promoted to that post and his pay was refixed and grade promotions

were also effected. Now, as per Ext.P3, the second respondent found that

the promotions given to the petitioner were irregular as the petitioner did

not possess the required qualification. It is an admitted fact that the

petitioner had worked in different posts and the first respondent was

satisfied with his work. The delay caused in pointing out the mistake is

not due to any fault of the petitioner. Further, while passing Ext.P3 order,

the petitioner was not heard. In the above circumstances, Exts.P2 and P3

are quashed and there will be a direction to the second respondent to

reconsider Ext.P3 order and take a decision as early as possible, at any rate

within 60 days from the date of receipt of a copy of this judgment after

affording the petitioner an opportunity of being heard.

The Writ Petition is allowed as above.

(K.THANKAPPAN, JUDGE)

sp/

W.P.(C)NO.3421/2004 4