IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS &

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 31^ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 W.A. NO. 970 OF 2023 AGAINST THE JUDGMENT DATED 30.3.2023 IN WP(C).NO.36589/2022 OF THE HIGH COURT OF KERALA APPELLANT/3RD RESPONDENT:

THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.LTD.NO.M.11, P.B.NO.55, TIRUR, PIN – 676101, REPRESENTED BY ITS SECRETARY.

BY ADV. SRI. T.RAJASEKHARAN NAIR RESPONDENTS/PETITIONER/1ST & 2ND RESPONDENTS:

1 T.N.SIVASANKARAN, AGED 68 YEARS, S/O.K.RAMUNNIKUTTY NAIR, 'KAILASAM', K.PURAM, THANALOOR, MALAPPURAM DISTRICT, PIN – 676307.

2 REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR, SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM, PIN – 695014.

3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR (GENERAL) OF CO-

OPERATIVE SOCIETIES, B2 BLOCK, CIVIL STATION, MALAPPURAM, PIN – 676505.

BY ADV. SRI.M.RAMESH CHANDER, SENIOR ALONG WITH ADV. SRI.BONNY BENNY FOR R-1 SRI. SAIGI JACOB PALATTY, SENIOR GOVERNMENT PLEADER FOR R-2 & R-3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.

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W. A. No. 970 of 2023 (arising out of the impugned judgment dated 30.3.2023 in WP(C) No.36589/2022)

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Dated this the 31^st day of May, 2023 J U D G M E N T ALEXANDER THOMAS, J.

The afore captioned Writ Appeal has been instituted under Sec. 5(i) of the Kerala High Court Act, 1958, to impugn the judgment dated 30.3.2023 rendered by the learned Single Judge allowing the main pleas in Writ Petition (Civil), WP(C) No.36589/2022. The appellant herein is the 3^rd respondent in the WP(C). The respondents herein are the writ petitioner and respondents 1 & 2 in the WP(C).

2. Heard Sri.T.Rajasekharan Nair, learned counsel appearing for the appellant, Sri.M.Ramesh Chander, learned Senior Counsel instructed by Sri.Bonny Benny, learned counsel appearing for R-1 herein (writ petitioner) and Sri.Saigi Jacob Palatty, learned Senior Government Pleader, appearing for respondents 2 & 3 in the W.A.

3. The prayers in the instant Writ Petition (Civil), WP(C) No.36589/2022, filed by R-1 herein, are as follows: “i) issue a writ of certiorari or any other appropriate writ order or direction to quash Ext.P10 & P12 orders ii) Issue a writ of mandamus or any other appropriate writ order or direction directing or compelling the 3^rd respondent bank to give promotion to the petitioner from the date on which his junior was promoted as per Ext. P7 and grant him the consequential benefits arising out of that including his revised scale of pay, his pensionary benefits etc. after recalculating the same forthwith iii) Issue a writ of mandamus or any other appropriate writ order or direction directing or compelling the 3^rd respondent bank to pay interest on the amount of gratuity to the petitioner from the date of his retirement ie, 31.10.2012 @ 12% per annum.

iv) Issue such other order/direction as this Hon'ble Court deems fit and proper under the circumstances of this case.

v) Petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the Vernacular Language.”

4. The learned Single Judge, as per the impugned judgment, has found that, as the Arbitration Court has already ordered that the writ petitioner is entitled for reinstatement with all service benefits, he is entitled for promotion w.e.f. 16.6.2008 in the next higher category post (i.e. from the day on which his immediate junior was promoted when he was under suspension) and thus, the impugned order at Ext.P-12 dated 1.11.2022, issued by the appellant co-operative society, rejecting the said claim of the petitioner has been quashed and the appellant society has been directed to pa