G. Radhakrishnan and others v. State of Kerala and Pathanamthitta District Co-operative Bank

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 19TH DAY OF JULY 2018 / 28TH ASHADHA, 1940** **WP(C).No. 3551 of 2018** ## **PETITIONERS** **1 G.RADHAKRISHNAN, S/O. K. GOPALA PANICKER, AGED 67 YEARS, RESIDING AT VRINDAVANAM, VADAKKEDATHUKAVU P.O., ADOOR, PATHANAMTHITTA DISTRICT. 2 M.K. SASIDHARAN, S/O. M.K. KARUNAKARAN, AGED 67 YEARS, RESIDING AT ASWATHI, THIRUMOOLAPURAM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. 3 P.V. LATHIKA, WIFE OF GOPALAKRISHNAN, AGED 64 YEARS, RESIDING AT MUKKUZHIKKAL, ASWATHY, EZHUMATTUR P.O., PATHANAMTHITTA DISTRICT. 4 M.C. GOPALAKRISHNA PILLAI, S/O. CHELLAPPAN PILLAI, AGED 65 YEARS, MELEKOMATTU ANJALI, MALAYALAPPUZHA, THAZHAM P.O., PATHANAMTHITTA DISTRICT. 5 PARAMESWARAN PILLAI, S/O. RAMAN PILLAI, AGED 68 YEARS, RESIDING AT KRISHNA KRIPA, DECENT JUNCTION P.O., MUKHATHALA, KOLLAM DISTRICT - 691 577. 6 RAMACHANDRAN PILLAI. K.G., S/O. GOVINDA PILLAI, AGED 67 YEARS, RESIDING AT KANJIRAM NIKKKUNNATHIL, KURAMPALA P.O., PANDALAM, PATHANAMTHITTA DISTRICT - 689 501.** **7 M.M. DEVADAS, S/O. MATHEW, AGED 66 YEARS, RESIDING AT PLAVILA KIZHAKKETHIL, KARUVATTA, ADOOR P.O., PATHANAMTHITTA DISTRICT - 691 523. 8 P.S. JOSEPH, S/O. SCARIA MATHEW, AGED 63 YEARS, RESIDING AT THEKKETHU HOUSE, KOTTAMURI P.O., CHANGANASSERY, KOTTAYAM DISTRICT - 686 105. 9 P. SASI, S/O. PARAMESWARAN PILLAI, AGED 69 YEARS, RESIDING AT 'AISWARYA', PAZHAVEEDU P.O., ALAPPUZHA DISTRICT, PRESENTLY RESIDING AT HOUSE NO. III, 475-A, THOTTUMUKHAM P.O. - 683 105.** **-2-** ## **WP(C).No. 3551 of 2018** ## **10 KUMARI VASANTHI,** **W/O. GOPINATH, AGED 64 YEARS, RESIDING AT CHAITHANYA, KIZHAKKEMURI, KAVUMBHAGOM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 102.** ## **11 D. SULOCHANA,** **W/O. PRABHAKARAN NAIR, AGED 68 YEARS, RESIDING AT NENMELIL HOUSE, PERINGALA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 108.68** ## **12 M.D. ANANDAVALLY,** - **W/O. NARAYANAN, AGED 68 YEARS, SUNDARA SOUDAM, MAMPARA P.O., RANNI-PERINAD, PATHANAMTHITTA DISTRICT - 689 711.** ## **13 M. SASIKUMAR,** **S/O. RAGHAVAN NAIR, AGED 63 YEARS, RESIDING AT MEKKATTU VEEDU, IMALA EAST, OMALLOOR P.O., PATHANAMTHITTA DISTRICT - 689 647.** ## **14 G. SOBHA,** **W/O. SIVARAJAN, AGED 62 YEARS, KIDANGIL HOUSE, ELAVUMTHITTA P.O., PATHANAMTHITTA DISTRICT - 689 625.** ## **15 K. SUKUMARAN NAIR,** **S/O. KRISHNA PILLAI, 65 YEARS, RESIDING AT MEPPURATHU HOUSE, MANGARAM, KONNI, PATHANAMTHITTA DISTRICT - 689 691.** ## **16 P.S. KAMALASANAN,** **S/O. SREEDHARAN, AGED 66 YEARS, RESIDING AT PUTHUVALIL, VELLAPARA P.O., KONNI, PATHANAMTHITTA DISTRICT - 689 705.** ## **17 PUSHPAKUMARI. P.D.,** **W/O. MANOHARA PANICKER, AGED 67 YEARS, RESIDING AT MANIMANDIRAM, KARAKKADU P.O., PATHANAMTHITTA DISTRICT - 689 504.** **18 K.N. VIJAYAKUMARI, W/O. SOMARAJAN, AGED 66 YEARS, RESIDING AT MOONNUPLAVUNILKKUNNATHIL, ELAVUMTHITTA P.O., PATHANAMTHITTA DISTRICT - 689 625.** ## **19 SIVADAS. R,** **S/O. RAMAKRISHNA PILLAI, AGED 69 YEARS, SIVABHAVANAM, MANAKKADU, THIRUVANANTHAPURAM, PRESENTLY RESIDING AT SAYUJYA, T.C.41/1267, ARWA/08, NEAR NALANDA JUNCTION, MANAKKADU P.O., ATTUKAL, THIRUVANANTHAPURAM DISTRICT.** **20 V.S. SOMARAJAN, SON OF SREEDHARAN, AGED 65 YEARS, RESIDING AT SONI NIVAS, MEZHUVELI P.O., PATHANAMTHITTA DISTRICT - 689 507.** ## **21 P. SUDHADEVI,** **W/O. SOMANATHAN NAIR, AGED 62 YEARS, RESIDING AT 'AISWARYA', THOTTAMON P.O., RANNI, PATHANAMTHITTA DISTRICT - 689 672.** **-3-** ## **WP(C).No. 3551 of 2018** **22 P.K. GOPALAKRISHNAN NAIR, S/O. KRISHNAN NAIR, AGED 66 YEARS, RESIDING AT ASWATHI BHAVAN, PAZHAVANGADI P.O., RANNI, PATHANAMTHITTA DISTRICT - 689 673.** **23 P.R. RAMACHANDRAN NAIR, S/O. RAMAN NAIR, AGED 69 YEARS, RESIDING AT PUTHIYADAM, MALLAPPALLY P.O., KOTTAYAM DISTRICT.** ## **24 P.G. MURALEEDHARAN NAIR,** **S/O. GOPALA PILLAI, AGED 69 YEARS, RESIDING AT MANASI, PALLICKAL P.O., KOTTARAKKARA, KOLLAM DISTRICT.** ## **25 RETNAVALLY,** **W/O. RAJENDRA BABU, AGED 68 YEARS, RESIDING AT OLICKAL VEEDU, NEAR CO-OPERATIVE COLLEGE, PATHANAMTHITTA.** ## **26 ALAX PANICKAR,** **AGED 66 YEARS, SON OF CHANDAPILLAI PANICKER, ANANDA BHAVAN, THRIPPILAZHIKAM P.O., KUNDARA, KOLLAM DISTRICT.** ## **27 V.K. OMANAYAMMA,** **W/O. APPUKUTTAN NAIR, AGED 66 YEARS, RESIDING AT PANACHAKKAL HOUSE, NEDUMKUNNAM P.O., KOTTAYAM DISTRICT.** **28 P. GOPALAKRISHNAN, S/O. PADMANABHAN, AGED 65 YEARS, RESIDING AT PALODUKUZHI, KOLABHAGAM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT.** ## **29 SAVITHA RAMAN,** **W/O. RAMAN, AGED 65 YEARS, RESIDING AT KANJIRAMKUNNIL HOUSE, KAVIYOOR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT.** ## **30 RADHAMANY M.A.,** **W/O. AYYAPPAN, AGED 65 YEARS, RESIDING AT KIZHAKKEMANAPPURATH, AYIROOR P.O., KOZHENCHERRY, PATHANAMTHITTA DISTRICT.** **31 T.V. RAMACHANDRAN NAIR, S/O. VELAYUDHAN NAIR, AGED 65 YEARS, RESIDING AT THEMPARA VEEDU, T.C.54/567, THIRUVANANTHAPURAM.** **32 V.S. YESODHARAN, S/O. SREEDHARAN, AGED 63 YEARS, RESIDING AT VADAKKEKKARA HOUSE, K.I.P ROAD, PANNIVIZHA, ADOOR, PATHANAMTHITTA DISTRICT.** **33 V.V. SATHEESH, S/O. VELAYUDHAN, AGED 63 YEARS, RESIDING AT VALIYAPURAYIDATHIL HOUSE, UTHIMOODU, RANNI, PATHANAMTHITTA DISTRICT.** **-4-** ## **WP(C).No. 3551 of 2018** **34 P.R. RAJAN,** **AGED 60 YEARS, S/O. RAGHAVA KURUP, RESIDING AT PLANKOOTTATHIL HOUSE, VALLICODE P.O., PATHANAMTHITTA DISTRICT.** **BY ADVS.SRI.T.MADHU** **SRI.ROY THOMAS (PATHANAMTHITTA) SMT.C.R.SARADAMANI** ## **RESPONDENTS** **1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **2. THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK, CO-OPERATIVE BANK BUILDING, PATHANAMTHITTA - 689 645, REPRESENTED BY ITS CHIEF GENERAL MANAGER.** **R1 BY SENIOR GOVERNMENT PLEADER : SRI.BIMAL K.NATH R2 BY SRI.T.P.PRADEEP, SC, DISTRICT CO-OPERATIVE BANK,PATHANAMTHITTA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 3551 of 2018 (T)** ## **APPENDIX** ## **PETITIONERS' EXHIBITS** **EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 20.03.2007 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT DATED 15.12.2016 IN W.P.(C) NO. 34683/2009 ON THE FILES OF THIS HONOURABLE COURT. EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 12.10.2017 SUBMITTED BY THE PETITIONERS BEFORE THE SECOND RESPONDENT. EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED 05.04.2017 IN W.P.(C)NO. 12016/2017 ON THE FILES OF THIS HONOURABLE COURT.** ## **RESPONDENTS' EXHIBITS : NIL** ## **//TRUE COPY//** ## **P.A. TO JUDGE** ## **bpr** ## **ANIL K.NARENDRAN, J.** ## **-----------------------------------------W.P.(C) No.3551 of 2018 -----------------------------------------Dated this the 19[th] day of July, 2018** ## **JUDGMENT** The petitioners, who retired from service of the 2[nd] respondent Bank, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 Government order dated 20.03.2007 and seeking a writ of mandamus commanding the respondents to sanction and disburse the arrears of monetary benefits accrued for the period from 01.07.2002 to 30.06.2003 consequent on the pay revision of employees in Co-operative Societies in the State of Kerala based on the pay revision order dated 21.06.2005 bearing No.G.O.(MS) No.145/2005/Co-op. issued by the 1[st] respondent with interest at the rate of 12% per annum from 01.07.2002 till disbursement and for other consequential reliefs. 2. The issue raised in this writ petition as to the entitlement of the petitioners for arrears of salary for the period from 01.07.2002 to 30.06.2003 has now been settled by the judgment of a Division Bench of this Court dated W.P.(C).No.3551 of 2018 :2: ## 25.05.2018 in W.A.No.1222 of 2017 and connected cases. Paragraphs 19, 20 and the operative portion of the said judgment reads thus : _“19. The case on hand is covered by the observations in paragraph 22.3, where the Apex Court has held that if the judgment of the court was in personam holding that benefit of the said judgment shall accrue to the parties before the court and such an intention is stated expressly in the judgment or it can be impliedly found out from the tenor and language of the judgment, those who want to get the benefit of the said judgment extended to them shall have to satisfy that their petition does not suffer from either laches and delay or acquiescence. The appellants in W.A.No.1231 of 2017 have no case that W.P.(C)No.34683 of 2009 is liable to be dismissed on the ground of delay and laches. The challenge in that writ petition is on the merits of the claim. It is in the connected cases that the ground of delay and laches is put forward. The judgment in W.P. (C)No.34683 of 2009 was delivered on 15.12.2016. The other writ petitions were filed immediately thereafter namely in March and April, 2017. It is no doubt true that none of the petitioners had challenged Ext.P5 Government order dated 20.3.2007 as soon as it was passed. They accepted it and retired from service. It was only after the petitioners in W.P.(C)No.34683 of 2009 succeeded in getting relief that the other writ petitions were filed. As the dispute is about denial of arrears of salary and allowances, which stood revised with effect from 1.7.2002, for a period of 12 months commencing from 1.7.2002 and ending with 30.6.2003_ ## W.P.(C).No.3551 of 2018 :3: _and as the petitioners had moved this court within three months after W.P.(C)No.34683 of 2009 was allowed by a learned single Judge of this court, we find no reason or justification to deny relief to the petitioners on the ground that there was delay and laches and acquiescence on their part._ _20. We however notice that the learned single Judge has directed disbursement of arrears of salary and allowances during the period from 1.7.2002 to 30.6.2003 with 6% interest. Except the petitioners in W.P.(C)No.34683 of 2009, the others had not moved the Government or this court in time. The petitioners in the connected writ petitions moved this court only in the year 2017. The Apex Court has in_ _**Union of India v. Tarsem Singh** [2009 (1) KLT 101 (SC)] held that where a service related claim is based on a continuing wrong, relief can be granted even if there is a long delay as it does not affect the rights of third parties. It was also held that in such cases interest on arrears should be declined. In the instant case, if the claim made by the petitioners is granted it would not affect the settled rights of third parties. It will also not result in the reopening of issues already concluded. It would not also affect the seniority of employees in service or their promotions. In the light of these facts, we find no reason or justification to deny relief to the petitioners on the ground of delay and laches. However, as the petitioners in W.P.(C)Nos.7146, 11337, 11344, 20741, 22430, 26955 and 27455 of 2017 moved this court only after W.P.(C)No.34683 of 2009 was heard and allowed, in the light of the principles laid down by the Apex Court in_ _**Union of India v. Tarsem Singh** (supra) we are of_ ## W.P.(C).No.3551 of 2018 :4: _the opinion that they are not entitled to interest. The petitioners in W.P.(C)No.34683 of 2009, from which W.A.No.1231 of 2017 arises, stand on a different footing. They had moved the Government claiming arrears of salary and allowances in the year 2008. They had thereafter moved this court on two occasions and it was in the last occasion that relief was granted to them. Merely for the reason that they were granted interest the petitioners in the other cases be granted that benefit. We are therefore of the opinion that except the petitioners in W.P.(C)No.34683 of 2009, the petitioners in the other writ petitions are not entitled to interest on the arrears of salary and allowances during the period from 1.7.2002 to 30.6.2003._ _For the reasons stated above, we dismiss W.A.No.1231 of 2017, allow W.A.Nos.1222, 1247 and 1538 of 2017 and W.A.Nos.162, 163, 380 and 390 of 2018 in part to the extent it relates to the award of interest and vacate the direction issued by the learned single Judge in the respective writ petitions to pay interest on the amounts due and payable to the petitioners therein towards arrears of salary and allowances during the period from 1.7.2002 to 30.6.2003. The judgments impugned in W.A.Nos.1222, 1247 and 1538 of 2017 and W.A.Nos.162, 163, 380 and 390 of 2018 shall stand affirmed in all other respects. No costs.”_ _(underline supplied)_ 3. In the judgment dated 25.05.2018 in W.A.No.1222 of 2017 and connected cases the Division Bench held that as the dispute is about denial of arrears of salary and W.P.(C).No.3551 of 2018 :5: allowances, which stood revised with effect from 1.7.2002, for a period of 12 months commencing from 1.7.2002 and ending with 30.6.2003 and as the petitioners had moved this court within three months after W.P.(C)No.34683 of 2009 was allowed by a learned single Judge of this court, there is no reason or justification to deny relief to the petitioners on the ground that there was delay and laches and acquiescence on their part. It is also held that if the claim made by the petitioners is granted it would not affect the settled rights of third parties. It will also not result in the reopening of issues already concluded. It would not also affect the seniority of employees in service or their promotions. In the light of those facts, the Court find no reason or justification to deny relief to the petitioners on the ground of delay and laches. However, as the petitioners in W.P.(C)Nos.7146, 11337, 11344, 20741, 22430, 26955 and 27455 of 2017 moved this court only after W.P.(C)No.34683 of 2009 was heard and allowed, in the light of the principles laid down by the Apex Court in **Union of India v. Tarsem Singh** (supra), they are not entitled to interest. The Division Bench held that the W.P.(C).No.3551 of 2018 :6: petitioners in those writ petitions are entitled for arrears of salary during the period from 01.07.2002 to 30.06.2003. However, they shall not be entitled for payment of interest for the aforesaid arrears. 4. In the present writ petition, the petitioners moved this Court in January 2018 challenging Ext.P1 Government order dated 20.03.2007, after Ext.P2 judgment of this Court dated 15.12.2016 in W.P.(C).No.34683 of 2009. In view of the judgment of the Division Bench referred to above, the petitioners in this writ petition are entitled for arrears of salary during the period from 01.07.2002 to 30.06.2003. However, the petitioners shall not be entitled for payment of interest for the aforesaid arrears. Respondents are directed to disburse the arrears of salary payable to the petitioners, within a period of two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- **ANIL K.NARENDRAN** **JUDGE** bpr //TRUE COPY// P.A. TO JUDGE