V.K.Geetha and Others v. Nadathara Farmers Service Co-Operative Bank Ltd.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941** ## **WP(C).No.16079 of 2019** ## **PETITIONER/S:** - **1 V.K.GEETHA, AGED 30 YEARS ASSISTANT SECRETARY/MD IN CHARGE NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **2 JAYANTHI K., CHIEF ACCOUNTANT, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **3 DEEPA LAZAR, INTERNAL AUDITOR, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **4 C.P.SILVI, BRANCH MANAGER, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **5 JULIE VARGHESE T., BRANCH MANAGER, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **6 USHA O.K., ACCOUNTANT, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **7 C.K.KRISHNAVENI, ACCOUNTANT, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **8 P.S.NIJITH, ACCOUNTANT, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **9 A.R.SUMA, SENIOR CLERK, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** **WP(C).No.16079 of 2019** **2** - **10 V.K.ANILAN, SENIOR CLERK, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **11 SANAL SUBRAMANYAN,** **JUNIOR CLERK, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **12 SUMITHA T., CLERK, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** **13 MANJU T.N., JUNIOR CLERK, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **14 SHIJO JACOB,** **JUNIOR CLERK, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **15 P.C.SAJEEV, GOLD APPRAISER, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **16 T.V.USHAKUMARI, GOLD APPRAISER, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** **17 C.JAYASANKAR, GOLD APPRAISER, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** **18 V.R.RAMDAS, ATTENDER, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **19 B.SANTHOSH KUMAR,** **ATTENDER, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **20 SINI THARAKAN, DATA ENTRY OPERATOR, NADATHARA FARMERS SERVICE CO-OPERATIVE** **WP(C).No.16079 of 2019** **3** **BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **21 ALOSH T.R., GOLD APPRAISER, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **22 SREEKALA P.M., ATTENDER, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **23 SHINOJ V.S.,** **SALESMAN, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** **24 GANGADEVI P., PESON, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **25 PREETHY M.A., PEON, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **26 REMYA ASHOKAN,** **PEON, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** **27 JIJO K.I., PEON, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **28 JISHO THOMAS, NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** **BY ADVS. SRI.P.N.MOHANAN SMT.AMRUTHA SURESH SRI.C.P.SABARI** ## **RESPONDENT/S:** **NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3499, REPRESENTED BY SECRETARY, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** **1** **WP(C).No.16079 of 2019** **4** **2 THE MANAGING COMMITTEE OF NADATHARA FARMERS SERVICE COOPERATIVE BANK LTD.NO.3499, REPRESENTED BY PRESIDENT, H.O.POOCHATTY, P.O.NADATHARA, THRISSUR - 680 751.** - **3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), THRISSUR - 680 001.** **BY ADV. SRI.M.SASINDRAN** ## **OTHER PRESENT:** ## **SMT.C.S.SHEEJA-SR.GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.16079 of 2019** **5** ## **J U D G M E N T** The petitioners impugn Exts.P8 to P36 notices issued by the 1[st] respondent - Nadathara Farmer's Service Co-operative Bank Ltd., as per which, each of them had been asked to repay certain amounts, allegedly being the excess salary and allowances received by them consequent to the reclassification of the Society into a lower category. The petitioners say that even if the Society had been so reclassified, the law is now settled by a Single Bench of this Court in **Kerala Co-operative Employees Front and Another v. Government of Kerala and Others [2018(2)KHC 988]** that employees cannot be penalized nor can their salary be recovered merely because of such reclassification. The petitioners, therefore, pray that Exts.P8 to P36 be struck down. 2. The learned standing counsel for the respondent - Bank, Sri.M.Sasindran, submits that the petitioners had been paid their salary on account of the circular issued by the Registrar of Cooperative Societies in the year 2014, wherein, it was specified that such recovery shall not be made even if the Society is reclassified into a lower one. He however, says that subsequently, on account of the rigour of Section 65 of the Kerala Co-operative Societies Act (KCS Act for short), the Bank had issued the impugned notices. **WP(C).No.16079 of 2019** **6** 3. When I examine Exts.P8 to P36, it is clear that nothing has been stated therein as to why the petitioners have been sought to be proceeded against, except that they are doing so under Section 65 of the KCS Act. I fail to understand what this means; and in any event of the matter, these notices have been issued by the Society without hearing the petitioners or without considering the impact of the judgment of this Court in **Kerala Co-operative Employees Front** (supra). I am therefore, of the firm view that these notices cannot obtain the favour of law and therefore, I allow this writ petition quashing all of them; however, leaving liberty to the Society to initiate fresh process, if they are so interested, but only after hearing the petitioners individually and after considering the impact of the judgment in **Kerala Co-operative Employees Front** (supra) implicitly. ## **Sd/-** ## **DEVAN RAMACHANDRAN** rp ## **JUDGE** **WP(C).No.16079 of 2019** **7** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE SRO NO.9/2010 DATED 04/01/2010. EXHIBIT P2 A TRUE COPY OF THE CIRCULAR NO.32/2013 DATED 02/04/2013. EXHIBIT P3 A TRUE COPY OF THE RECLASSIFICATION ORDER DATED 25/09/2014. EXHIBIT P4 A TRUE COPY OF THE RESOLUTION DATED 10/03/2018 ALONG WITH A COVERING LETTER DATED 14/03/2018 AND THE CONNECTED DOCUMENTS. EXHIBIT P5 A TRUE COPY OF THE RELEVANT PORTION OF THE AUDIT NOTE OF THE YEAR 2017-2018. EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 23/12/2014 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES. EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 25/06/2016 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES. EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE FIRST PETITIONER. EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 1ST PETITIONER. EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 2ND PETITIONER. EXHIBIT P11 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 3RD PETITIONER. EXHIBIT P12 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 4TH PETITIONER. EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 5TH PETITIONER. EXHIBIT P14 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 6TH PETITIONER. EXHIBIT P15 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 7TH PETITIONER. EXHIBIT P16 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 8TH PETITIONER.** **WP(C).No.16079 of 2019** **8** **EXHIBIT P17 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 9TH PETITIONER. EXHIBIT P18 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 10TH PETITIONER. EXHIBIT P19 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 11TH PETITIONER. EXHIBIT P20 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 12TH PETITIONER. EXHIBIT P21 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 13TH PETITIONER. EXHIBIT P22 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 14TH PETITIONER. EXHIBIT P23 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 15TH PETITIONER. EXHIBIT P24 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 16TH PETITIONER. EXHIBIT P25 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 17TH PETITIONER. EXHIBIT P26 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 18TH PETITIONER. EXHIBIT P27 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 19TH PETITIONER. EXHIBIT P28 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 20TH PETITIONER. EXHIBIT P29 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 21ST PETITIONER. EXHIBIT P30 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 22ND PETITIONER. EXHIBIT P31 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 23RD PETITIONER. EXHIBIT P32 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 24TH PETITIONER. EXHIBIT P33 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 25TH PETITIONER.** **WP(C).No.16079 of 2019** **9** **EXHIBIT P34** **A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 26TH PETITIONER.** **EXHIBIT P35** **A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 27TH PETITIONER.** **EXHIBIT P36 A TRUE COPY OF THE ORDER DATED 11/05/2019 ISSUED BY THE BANK TO THE 28TH PETITIONER.** **EXHIBIT P37** **A TRUE COPY OF THE JUDGMENT DATED 28/11/2016 IN W.P.(C) NO.13215/2014.** **EXHIBIT P38** **A TRUE COPY OF THE JUDGMENT DATED 11/04/2017 IN W.P.(C) NO.14029/2014.** **EXHIBIT P39 A TRUE COPY OF THE JUDGMENT REPORTED IN 2018(2) KHC 988.**