The court establishes that unequal pay for equally qualified and appointed personnel is unjustified, emphasizing the need for uniformity in salary based on position rather than recruitment source.

JUDGMENT Dated this the 24^th day of November, 2025 The petitioners, who are employed as Appraisers in the

5^th respondent-Society, have approached this Court seeking to set aside Ext.P5 Government Order to the extent it does not grant the scale of pay applicable to the Appraiser as enunciated in Ext.P4 Pay Revision order. The petitioners also seek to direct the 4^th respondent to issue appropriate order for granting the scale of pay of ₹10,690-28,900 applicable to Appraiser as per Ext.P4 Pay Revision Order.

2. The petitioners state that the 5^th respondent-

Society was sanctioned four posts of Gold Appraiser on a consolidated pay of ₹10,000/- as per Ext.P2 order dated 06.02.2017 of the 2^nd respondent. The 5^th respondent invited application for the said post of Appraisers. The petitioners applied for the post, underwent written test and interview and they secured first four ranks. Consequently, the petitioners were appointed to the post.

3. The petitioners state that in Ext.P4 Pay Revision Order, the scale of pay applicable for Junior Clerk / Junior Cashier / Appraiser / Typist / Data Entry Operator in Class II category was fixed as ₹10,690-28,900. Though the petitioners were appointed against the sanctioned permanent post after due selection process, the petitioners were allowed to draw only a consolidated amount of ₹10,000/-.

4. The petitioners therefore submitted a representation to the 5^th respondent seeking to place them in the pay scale of Appraiser as provided under Ext.P4. The 5^th respondent passed a resolution on 12.05.2018 and requested the 2^nd respondent to grant the scale of pay of ₹10,690-28,900 to the petitioners. The request was, however, rejected by the 2^nd respondent stating that the scale of pay could not be granted to those who were not selected through Co-operative Service Examination Board.

5. The petitioners filed Appeal against the said order.

The 4^th respondent taking note of the long experience of the petitioners and the fact that they were appointed against sanctioned post after a due selection process and taking into consideration the request made by the 5^th respondent and taking a humanitarian ground, granted the petitioners the scale of pay of ₹8,730-22,840 applicable to the Peons.

6. Aggrieved by Ext.P5, the petitioners again requested the 5^th respondent to grant the scale of pay of Junior Clerks / Appraisers applicable to them. The Board of Directors of the 5^th respondent-Society considered the request of the petitioners and passed Ext.P7 resolution and the decided to submit the issue before the 2^nd respondent for consideration and orders.

7. Government Pleader entered appearance and resisted the writ petition. The Government Pleader submitted that as per Section 80B (1) of the Kerala Co-operative Societies Act, 1969 , the Government shall by notification in the gazette constitute a Co-operative Service Examination Board for the conduct of written examination for all direct recruitment to post and above the category of Junior Clerk. By Circular No.57/2003, the Registrar of Co-operative Societies stipulated that the post of Appraiser is equivalent to the post of Junior Clerk.

8. The legal position being so, the 5^th respondent directly appointed the petitioners as per Ext.P3 order violating the provisions of Section 80B (1) of the Kerala Co-operative Societies Act, 1969 . When the 5^th respondent filed Appeal before the Government against rejection of the claim of the petitioner, the Government granted scale of pay equivalent to Peons for the petitioners, taking a compassionate approach.

9. The direction of Registrar as regards promotion of Appraisers to the post of Senior Clerk by including