Kerala High Court
Sreejith M.R vs The Joint Registrar Of ... on 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 14255 OF 2020
PETITIONER:
SREEJITH M.R.,AGED 38 YEARS,PEON, SULTHAN BATHERI SERVICE CO-
OPERATIVE BANK LTD NO. L.L 11,SULTHANBATHERI P.O, WAYANAD
BY ADV P.N.MOHANAN
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
KALPATTA, WAYANAD 673 121
2 THE MANAGING COMMITTEE OF OF SULTHANBATHERI SERVICE CO-
OPERATIVE BANK LTD NO. L.L 11,
REPRESENTED BY ITS PRESIDENT, SULTHANBATHERI P.O, WAYANAD 673
592
3 SULTHANBATHERI SERVICE CO-OPERATIVE BANK LTD NO. L.L 11,
REPRESENTED BY ITS SECRETARY, SULTHANBATHERI P.O WAYANAD 673
592
4 BABU M.T,SALESMAN, NEETHI MEDICAL STORE, SULTHANBATHERI
SERVICE CO-OPERATIVE BANK LTD NO. L.L 11, SULTHANBATHERI P.O,
WAYANAD 673 592
BY ADVS.GOVERNMENT PLEADER
SRI.M.P.ASHOK KUMAR
SRI.P.U.SHAILAJAN
SMT.BINDU SREEDHAR
SHRI.ASIF N
OTHER PRESENT:
SC: ASIF N , GP IMAM GRIGORIUS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2021,
ALONG WITH WP(C).26020/2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.14255/2020 & conn.case 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 26020 OF 2020
PETITIONERS:
BABU M.T.,AGED 45 YEARS,S/O.THOMAS M.T., SALESMAN, NEETHI
MEDICAL STORE, SULTHAN BATHERY SERVICE CO-OPERATIVE BANK
LTD. NO.L.L.11, SULTHAN BATHERY P.O., WAYANAD DISTRICT,
RESIDING AT MATTATHIL HOUSE, VALLUVADI P.O., WAYANAD
DISTRICT.
BY ADVS.P.U.SHAILAJAN
SRI.V.SREEJITH (K/1398/2000)
SMT.VIDYA KURIAKOSE
RESPONDENTS:
1 THE SULTHAN BATHERY SERVICE CO-OPERATIVE BANK LTD. NO. L.L.
11,SULTHANBATHERY P.O., WAYANAD-673592, REPRESENTED BY ITS
SECRETARY.
2 THE PRESIDENT,SULTHAN BATHERY SERVICE CO-OPERATIVE BANK
LTD. NO.L.L.11, SULTHAN BATHERY P.O., WAYANAD-673592.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
KALPETTA, WAYANAD-673121.
4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR,
SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM-695014.
BY ADVS.SRI.M.P.ASHOK KUMAR
BY GOVERNMENT PLEADER IMAM GRIGORIUS
SMT.BINDU SREEDHAR
SHRI.ASIF N -SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2021,
ALONG WITH WP(C).14255/2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.14255/2020 & conn.case 3
JUDGMENT
The petitioner in W.P.(C)No.14255/2020 is presently working as a Peon in
the Sulthanbathery Service Co-operative Bank (the Bank). He states that, as per
existing feeder category rules, the post of Junior Clerk/Junior Cashier/Typist-
cum-Clerk has to be filled up by promotion from the category of Peons/Attenders
provided they have necessary qualifications.
2. The petitioner in W.P.(C)No.26020/2020 is working as a Salesman in
the very same Bank. It is the submission of the learned counsel for the petitioner
in W.P.(C)No.26020/2020 that, going by Ext.P7 Circular issued on 25.8.1984
even the post of Salesman should be included in the feeder category for promotion
to the post of Junior Clerk/Junior Cashier/Typist-cum-Clerk and states that,
through Ext.P9 dated 8.7.2020, the 3 rd respondent Joint Registrar of Co-
operative Societies (General), Wayanad had required the Bank to modify its feeder
category rules appropriately.
3. While the petitioner in W.P.(C)No.14255/2020 seeks implementation
of the feeder category rules in its present form, the petitioner in
W.P.(C)No.26020/2020 seeks a direction to implement the order dated 8.7.2020
(produced as Ext.P9 along with W.P.(C)No.26020/2020).
4. The learned Standing Counsel appearing for the Bank would submit
that, subsequent to the issuance of Ext.P9 dated 8.7.2020, the Bank had been
upgraded as a Class-I Super Grade Bank in terms of the Kerala Co-operative
Societies Rules and that consequently, the revised staff pattern and feeder
category rules have been prepared and submitted to the 3rd respondent Joint
Registrar of Co-operative Societies (General), Wayanad for approval. The learned
Standing Counsel for the Bank would also submit that vacancies presently in
existence will be filled up only after the approval of the new staff pattern and the
feeder category rules by the Joint Registrar of Co-operative Societies (General),
Wayanad. The learned Standing Counsel for the Bank would also submit that the
petitioners in both cases are not entitled to be promoted as the existing post in the
category to which they seek promotion has to be filled up by promotion and direct
recruitment in the ratio of 1:4 in terms of Rule 185 (10) of the Kerala Co-operative
Societies Rules and that the present vacancy is the 3 rd vacancy which has to be
filled up by direct recruitment and not by promotion. This assertion by the
learned Standing Counsel for the Bank is stoutly opposed by the learned counsel
for the petitioner in W.P.(C)No.14255/2020 as well as the learned counsel for the
petitioner in W.P.(C)No.26020/2020. However, in the nature of the direction
that I intend to issue in these writ petitions, this question need not be adjudicated
at present.
5. In the light of the submission made by the learned Standing Counsel
for the Bank, I am of the opinion that these writ petitions can be disposed of
directing the Joint Registrar of Co-operative Societies (General), Wayanad to
consider the staff pattern and feeder category rules now stated to have been
submitted by the Bank following its up-gradation, in terms of the provisions
contained in the Kerala Co-operative Societies Act and applicable Rules, and to
take a decision on its approval, after affording an opportunity of hearing to the
petitioner in W.P.(C)No.14255/2020 and to the petitioner in
W.P.(C)No.26020/2020. The needful shall be done within a period of two
months from the date of receipt of a certified copy of this judgment.
The learned Standing Counsel for the Bank submits that
promotions/appointments to all existing vacancies will be taken up only after the
revised staff pattern and feeder category rules are finalized by the Joint Registrar
of Co-operative Societies (General) Wayanad. This is recorded.
sd/-
GOPINATH P.
JUDGE
acd
W.P.(C)No.14255/2020 & conn.case 6
APPENDIX OF WP(C) 14255/2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PORTION OF THE
POSTS SANCTION ORDER OF THE JOINT REGISTRAR
DATED 08-04-2014
EXHIBIT P2 A TRUE COPY OF THE FEEDER CATEGORY OF THE
BANK APPROVED BY THE JOINT REGISTRAR
EXHIBIT P3 A TRUE COPY OF THE PETITIONER DATED 12-02-
2020 SUBMITTED BY THE PETITIONER BEFORE THE
THIRD RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE PETITION DATED 06-07-2020
SUBMITTED BEFORE THE SECOND RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 29-06-2020
ISSUED BY THE JOINT REGISTRAR FOR A HEARING
ON 08-07-2020
EXHIBIT P6 A TRUE COPY OF THE QUESTION AND ANSWER UNDER
THE RTI DATED 19-05-2020
EXHIBIT P7 A TRUE COPY OF THE OBJECTION DATED 06-07-
2020 SUBMITTED BEFORE THE JOINT REGISTRAR.
RESPONDENT EXHIBITS
EXHIBIT R1(a) TRUE COPY OF THE LETTER ISSUED BY REGISTRAR
OF CO-OPERATIVE SOCIETIES NO.CS (1)2040/2011
DATED 19/1/2012
EXHIBIT R1(b) TRUE COPY OF THE LETTER NO.CRP/1240/2020
DATED 8/7/2020
Ext.R4(a) TRUE COPY OF THE ORDER DATED 23.10.2008
ISSUED BY THE PRESIDENT OF THE 3RD
RESPONDENT BANK
EXT.R4(b) TRUE COPY OF HTE CERTIFICATE ISSUED BY THE
W.P.(C)No.14255/2020 & conn.case 7
STATE CO-OPERATIVE UNION, KERALA DATED
27.2.2012
EXT.R4(c) TRUE COPY OF THE RELEVANT PAGES OF THE
SERVICE BOOM OF THE 4TH RESPONDENT
EXT.R4(d) TRUE COPY OF THE RELEVANT PAGES OF THE
SENIORITY LIST AS ON 31.12.2012 OF THE 3RD
RESPONDENT BANK
EXT.R4(e) TRUE COPY OF THE STAFF PATTERN APPROVED BY
THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), WAYANAD DATED 8.4.2014
EXT.R4(f) TRUE COPY OF THE CIRCULAR NO.44/1982 DATED
29.9.1982 ISSUED BY THE REGISTRAR OF CO-
OPERATIVE SOCITIES
EXT.R4(g) TRUE COPY OF THE CIRCULAR NO.37/84 DATED
25.8.1984 ISSUED BY THE REGISTRAR OF CO-
OPERATIVE SOCITIES
EXT.R4(h) TRUE COPY OF THE ORDER DATED 8.7.2020 OF THE
JOINT REGISTRAT OF CO-OPERATIVE SOCIETIES
(GENERAL), WAYANAD.
W.P.(C)No.14255/2020 & conn.case 8
APPENDIX OF WP(C) 26020/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF ORDER DATED 23.10.2008 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF CERTIFICATE ISSUED BY THE STATE
CO-OPERATIVE UNION, KERALA DATED 27.2.2012.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE
SERVICE BOOK.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE
SENIORITY LIST AS ON 31.12.2012 OF THE 1ST
RESPONDENT BANK.
EXHIBIT P5 TRUE COPY OF THE STAFF PATTERN APPROVED BY
THE 3RD RESPONDENT DATED 8.4.2014.
EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.44/1982 DATED
28.9.1982 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE CIRCULAR NO.37/84 DATED
25.8.1984 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE FEEDER CATEGORY RULES
OF THE 1ST RESPONDENT BANK.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 8.7.2020 OF THE
3RD RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE CERTIFICATE DATED 12.2.2019
ISSUED BY THE INSTITUTE OF CO-OPERATIVE
MANAGEMENT, KANNUR.
EXHIBIT P11 TRUE COPY OF THE CERTIFICATE DATED 13.7.2020
ISSUED BY THE 1ST RESPONDENT.
W.P.(C)No.14255/2020 & conn.case 9
