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2018 Supreme(Ker) 214

A.MUHAMED MUSTAQUE
Kerala Co-Operative Employees Front, Wayanad District Committee Represented by District Secretary, Mohana Das – Appellant
Versus
Government of Kerala, Represented by Secretary to Government, Co-Operative Department, Secretariat, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioner: Sri. P.N. Mohanan, Smt. I. Vinayakumari
For the Respondents: Sri. K.S. Mohammed Hashim

JUDGMENT :

It is unusual for a Court to render a judgment with illustrations or story. The problem presented in these writ petitions impels this Court to begin the judgment with an illustration to espouse the legal question germane to the dispute. 'A' commenced his service in a co-operative society in a lowest cadre. At the time of his initial appointment, society was classified as Class V society. Before his retirement, society was re-classified as Class I. The pay and allowances of different class of societies are fixed based on the classification of the society. Therefore, when the society reached the classification as Class I, 'A' was drawing higher pay and allowances comparing to such pay and allowances drawn by the employees of Class V society. The average pay for ten months preceding the retirement is reckoned for the purpose of pension under the pension scheme floated for the employees working in the co-operative sector. The classification of the society is based on the capital deposit, loan outstanding, audit classification, declaration of profit, dividend etc. Due to severe drought and calamities in the area of operation of the society, financial position of the society be






























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