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2016 Supreme(Ker) 10

ASHOK BHUSHAN, A.M.SHAFFIQUE
KASARAGOD DISTRICT CO-OPERATIVE BANK LIMITED – Appellant
Versus
RADHA K. A. – Respondent


Advocate Appeared:
SRI. JAWAHAR JOSE, ADVOCATE.
SRI. C.R. SYAMKUMAR, SENIOR GOVERNMENT PLEADER & SRI. N. UNNIKRISHNAN, ADVOCATES.

JUDGMENT :

ASHOK BHUSHAN, J.

1. Heard both the sides. This writ appeal has been filed against the judgment dated 09.10.2015 in W.P. (C) No. 26585 of 2005.

2. The first respondent to the writ petition is in appeal challenging the judgment of learned Single Judge by which judgment the learned Single Judge has set aside Exts.P4, P9 and P11. The brief facts for deciding the appeal are as follows:-

The petitioner joined the Bank as a Steno-cum-Typist and later her services were regularised with effect from 13.05.1990. Petitioner made an application for giving her grade promotion. An order was passed on 31.01.1998 giving grade promotion to the petitioner with retrospective effect from 13.05.1990. Petitioner's pay was fixed and accordingly payment was made. While so, the Bank has issued memo dated 01.10.2004 directing the petitioner to refund an amount of Rs. 33,570/-. Proceedings dated 29.03.2005 was issued by the General Manager directing for recovery of the amount within one month. The Revision Petition filed by the petitioner was also dismissed by Ext.P11. Challenging the aforesaid, the writ petition was filed praying for the following reliefs:-

(i) Call for the records leading to the

























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