IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 10759 OF 2020
PETITIONER:
SHEEJA K.B., AGED 47 YEARS, W/O.KANNAN, RESIDING AT
KUMBALATHU PARAMBIL, CHERAI - 683 514. ACCOUNTANT,
PALLIPPURAM SERVICE CO-OPERATIVE BANK LTD.NO.760,
CHERAI P.O., PIN - 683 514.
SRI.M.M.MONAYE
SRI.M.PAUL VARGHESE
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM - 695 001.
3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
ERNAKULAM, KAKKANAD, KOCHI - 682 030.
4 PALLIPPURAM SERVICE CO-OPERATIVE BANK LTD.NO.760
CHERAI P.O., PIN - 683 514, REPRESENTED BY ITS
SECRETARY.
5 BOARD OF DIRECTORS, PALLIPPURAM SERVICE CO-OPERATIVE
BANK LTD.NO.760, CHERAI P.O., PIN - 683 514,
REPRESENTED BY ITS PRESIDENT.
6 SASIKALA C.P., W/O.LATHEESH KUMAR, AGED 45 YEARS,
ACCOUNTANT, PALLIPPURAM SERVICE CO-OPERATIVE BANK
LTD.NO.760, CHERAI P.O., PIN - 683 514.
SRI.ATHUL SHAJI
SRI.MUHAMMED YASIL
SRI.JACKSON JOHNY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, ALONG WITH WP(C).10565/2020, 13196/2020, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10759 OF 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 10565 OF 2020
PETITIONER:
SASIKALA C.P., AGED 45 YEARS
W/O. LATHEESH KUMAR P.K., WORKING AS
ACCOUNTANT, PALLIPPURAM SERVICE COOPERATIVE
BANK-760, CHERAYI P.O.
- 683 614 RESIDING AT PANANGATUPARAMBIL HOUSE,
PUKKATTU ROAD, NORTH PARAVUR, ERNAKULAM - 683
513.
BY ADV JACKSON JOHNY
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
DEPARTMENT OF CO-OPERATION, GOVERNMENT OF
KERALA, TRIVANDRUM-695 001
[email protected]
2 THE REGISTRAR OF CO-OPERATIVE SOCIETY
OFFICE OF THE REGISTRAR CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM-695 014,
[email protected]
3 ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETY
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF
CO-OPERATIVE SOCIETY FORT KOCHI ERNAKULAM
DISTRICT-682 001.
4 THE PALLIPURAM SERVICE CO-OPERATIVE BANK
LTD.NO.760
REPRESENTED BY ITS SECRETARY, CHERAYI P.O.,
ERNAKULAM DISTRICT-683514.
[email protected]
5 ADDL. R5. SHEEJA K.B, W/O KANNAN, AGED 47 YEARS,
RESIDING AT KUMBALATHU PARAMBIL, CHERAI 683 514.
ACCOUNTANT, PALLIPPURAM SERVICE CO-OPERATIVE
WP(C) NO. 10759 OF 2020
3
BANK LTD.NO.760, CHERAI P.O., PIN-683514
[ADDL.R5 IS IMPLEADED AS PER ORDER DATED
03/06/2020
IN IA 1/2020].
SRI.T.A.SHAJI (SR.)
SRI.M.M.MONAYE
SRI.ATHUL SHAJI
SRI.M.PAUL VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, ALONG WITH WP(C).10759/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 10759 OF 2020
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 13196 OF 2020
PETITIONER:
SHEEJA K.B., AGED 47 YEARS, W/O. KANNAN,
RESIDING AT KUMBALATHU PARAMBIL, CHERAI 683 514,
ACCOUNTANT, PALLIPPURAM SERVICE CO-OPERATIVE
BANK LTD.NO.760, CHERAI P.O., PIN-683514.
SRI.M.M.MONAYE
SRI.M.PAUL VARGHESE
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
GOVERNMENT, DEPARTMENT OF CO-OPERATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
001.
2 REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM-695 001.
3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
ERNAKULAM, KAKKANAD, KOCHI-682 030.
4 PALLIPPURAM SERVICE CO-OPERATIVE BANK LTD.NO.760
CHERAI P.O., PIN-683 514, REPRESENTED BY ITS
SECRETARY.
5 BOARD OF DIRECTORS, PALLIPPURAM SERVICE CO-
OPERATIVE
BANK LTD.NO.760, CHERAI P.O., PIN-683 514,
REPRESENTED BY ITS PRESIDENT.
6 SASIKALA C.P., AGED 45 YEARS, W/O. LATHEESH
KUMAR, ACCOUNTANT, PALLIPPURAM SERVICE CO-
OPERATIVE BANK LTD.NO.760, CHERAI P.O.,
PIN-683 514.
WP(C) NO. 10759 OF 2020
5
SRI.ATHUL SHAJI
SRI.JACKSON JOHNY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, ALONG WITH WP(C).10759/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 10759 OF 2020
6
JUDGMENT
[WP(C) Nos.10759/2020, 10565/2020, 13196/2020] Among the afore three writ petitions, W.P.(C) Nos.13196/2020 and 10759/2020 have been filed by Smt.Sheeja K.B. alleging that she has been denied promotion to the post of Internal Auditor in the services of the Pallippuram Service Co-operative Bank Ltd. (for short 'Bank') and further challening the promotion of Smt.Sasikala C.P. to such position, alleging that she is not qualified to hold the said post under the provisions of Rule 186 of the Kerala Co- operative Societies Rules (KCS Rules for short). As far as the third writ petition is concerned, namely W.P.(C) No.10565/2020, it has been filed by the aforementioned Smt.Sasikala C.P., seeking a direction to the Bank to submit an equivalency certificate with respect to her qualifications, but before this Court today, she takes the stand through - her learned counsel - Smt.Amrutha Arun - that, on account of Ext.P12 judgment, such an equivalency certificate is not necessary.
2. From the uncontested facts involved in these cases, it is evident that Smt.Sasikala C.P. has already been granted the promotion, denying it to Smt.Sheeja K.B. It appears that WP(C) NO. 10759 OF 2020 7 Smt.Sasikala C.P. has been accomodated, based on a qualification which she has obtained from the Madurai Kamaraj University and on the strength of an interim order of this Court.
3. Sri.Athul Shaji - learned standing counsel for the Bank, however, submitted that his client has already written to the Madurai Kamaraj University to verify the genuineness of the certificate produced by Smt.Sasikala C.P., but added that no such information has yet been received.
4. When I evaluate the afore submissions and the materials available on record, it is clear that the real dispute between the parties is as to the qualification of Smt.Sasikala C.P. It is the specific case of Sri.M.M.Monaye - learned counsel for Smt.Sheeja K.B., that since it has been concededly obtained under a Distance Education Programme, the qualification of Smt.Sasikala C.P. cannot be accepted in view of the judgment of this Court in Godwin Samraj v. Abdul Salam [2015 (1) KLT SN 56]; and further that the Madras High Court has held that the certificates produced by Smt.Sasikala C.P. are not genuine.
5. In the context of the afore, it is clear that there is a valid dispute between the parties and that it has been WP(C) NO. 10759 OF 2020 8 impelled by Smt.Sheeja K.B. This certainly requires an enquiry, particularly as to the genuineness and validity of the qualification and certificates relied upon and produced by Smt.Sasikala C.P. This cannot be done by this Court while it acts under Article 226 of the Constitution of India, particularly when the Madurai Kamaraj University is not a party in any of these cases and since the Bank says that, in spite of their request, the said University has not responded to them.
6. I am, therefore, of the firm view that Smt.Sheeja K.B. must approach the competent Arbitrator/Arbitration Court under the provisions of Section 69 of the Kerala Co-operative Societies Act, so that all these issues can be properly evaluated by the said Forum, which certainly obtains the statutory power to assess and evaluate necessary and germane inputs and documentary materials.
7. Resultantly, leaving liberty to Smt.Sheeja K.B. - petitioner in W.P.(C) Nos.13196/2020 and 10759/2020, to approach the competent Authority under Section 69 of the KCS Act, I close these writ petitions; further ordering that the promotion given to Smt.Sasikala C.P. - petitioner in W.P.(C) No.10565/2020, as also her probation declared in such post, WP(C) NO. 10759 OF 2020 9 shall abide by the final decision to be taken by the said Forum, subject to her available contentions and remedies.
Needless to say, if Smt.Sheeja K.B. moves the jurisdictional Forum under Section 69 of the KCS Act, every endevour shall be made by it to dispose of the said dispute within a period of eight months from then, following due procedure.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 10759 OF 2020 10 APPENDIX OF WP(C) 10565/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE JOINING ORDER DATED 26.3.1998.
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 1.3.2008. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 18.4.2016. EXHIBIT P4 A TRUE COPY OF THE STAFF SENIORITY LIST OF THE 4TH RESPONDENT BANK AS ON 25.5.2020. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 5.7.2018 SUBMITTED BEFORE THE 4TH RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE DEGREE CERTIFICATE DATED 15.11.2019.
EXHIBIT P7 A TRUE COPY OF THE ONLINE APPLICATION DETAILS FOR THE EQUIVALENCY CERTIFICATE. EXHIBIT P8 A TRUE COPY OF THE REQUEST EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 25.5.2020 SUBMITTED BEFORE THE 4TH RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION DATED 26.5.2020 SUBMITTED BEFORE THE 3RD RESPONDENT.
Exhibit P11 TRUE COPY OF THE JUNIOR DIPLOMA CERTIFICATE IN CO-OPERATION Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 07/02/2020 IN W.P(C) 71/2018 Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 01/06/2020 SUBMITTED BEFORE THE 4TH RESPONDENT WP(C) NO. 10759 OF 2020 11 APPENDIX OF WP(C) 13196/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 5.10.2002 TO THE POST OF JUNIOR CLERK OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 1.4.2010 PROMOTING THE PETITIONER TO THE POST OF SENIOR CLERK.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 31.3.2018 PROMOTING THE PETITIONER TO THE POST OF ACCOUNTANT.
EXHIBIT P4 TRUE COPY OF THE DEGREE CERTIFICATE OF BACHELOR OF COMMERCE DATED 29.9.1994. EXHIBIT P5 TRUE COPY OF THE DEGREE CERTIFICATE OF MASTER OF COMMERCE DATED 5.8.1998. EXHIBIT P6 TRUE COPY OF THE CERTIFICATE OF HIGHER DIPLOMA IN CO-OPERATION DATED 24.8.2002. EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF TRAINING DATED 13.4.2018.
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE OF QUALIFYING EXAMINATION DATED 5.3.2019.
EXHIBIT P9 REQUEST OF THE PETITIONER DATED 15.5.2020. EXHIBIT P10 REPRESENTATION OF THE PETITIONER DATED 15.5.2020.
EXHIBIT P11 TRUE COPY OF THE FEEDER CAGEGORY RULES SATED 21.1.2012.
EXHIBIT P12 TRUE COPY OF THE PROMOTION ORDER EST:41/97 DATED 18.4.2016.
WP(C) NO. 10759 OF 2020 12 RESPONDENTS' EXHIBITS:
EXT.R6(A) TRUE COPY OF THE CLARIFICATION LETTER DATED 06.09.2018 WP(C) NO. 10759 OF 2020 13 APPENDIX OF WP(C) 10759/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 5/10/2002 TO THE POST OF JUNIOR CLERK. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 1/4/2010 PROMOTING THE PETITIONER TO THE POST OF SENIOR CLERK.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 31/3/2018 PROMOTING THE PETITIONER TO THE POST OF ACCOUNTANT.
EXHIBIT P4 TRUE COPY OF THE DEGREE CERTIFICATE OF BACHELOR OF COMMERCE DATED 29/9/1994. EXHIBIT P5 TRUE COPY OF THE DEGREE CERTIFICATE OF MASTER OF COMMERCE DATED 5/8/1998. EXHIBIT P6 TRUE COPY OF THE CERTIFICATE OF HIGHER DIPLOMA IN CO-OPERATION DATED 24/8/2002. EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF TRAINING DATED 13/4/2018.
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE OF QUALIFYING EXAMINATION DATED 5/3/2019. EXHIBIT P9 REQUEST OF THE PETITIONER DATED 15/5/2020.
EXHIBIT P10 REPRESENTATION OF THE PETITIONER DATED 15/5/2020.
RESPONDENTS' EXHIBITS:
EXHIBIT-R6(A) TRUE COPY OF THE CLARIFICATION LETTER DATED 06/09/2018 EXHIBIT-R6(B) TRUE COPY OF THE STAFF SENIORITY LIST DATED 25/05/2020 PUBLISHED BY THE BANK WP(C) NO. 10759 OF 2020 14 EXHIBIT-R6(C) TRUE COPY OF THE DEGREE CERTIFICATE EXHIBIT-R6(D) TRUE COPY OF THE JUNIOR DIPLOMA IN CO-
OPERATION CERTIFICATE EXHIBIT-R6(E) TRUE COPY OF THE TRAINING CERTIFICATE 13/04/2018 BY THE KIMB ALAPPUZHA EXHIBIT-R6(F) TRUE COPY OF THE JUDGMENT IN W.P(C) 71/2018 DATED 07/02/2020 EXHIBIT-R6(G) TRUE COPY OF THE STAFF PATTERN ORDER DATED 03/03/2020