Smitha C.N vs The Alappuzha District ...
2021 Latest Caselaw 2716 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE AMIT RAWAL

      MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                       WP(C).No.31786 OF 2018(W)


PETITIONER/S:

      1         SMITHA C.N.,
                D/O NARAYANAN,
                CHAKKUMKERI HOUSE,
                K. R. PURAM P.O,
                CHERTHALA,
                ALAPPUZHA DISTRICT- 688556

      2         SUNILATHA.R.,
                W/O.SABU.P.G., VELAMKUNNATH HOUSE, PANAVALLY P.O.,
                CHERTHALA, ALAPPUZHA DISTRICT-688 526.

      3         BINDU.S.
                W/O.ASHOK KUMAR.K.R., PANAVILA VADAKKETHIL,
                MUTHUKATTUKARA, NOORANAD P.O.,
                ALAPPUZHA DISTRICT-690 504.

                BY ADVS.
                SRI.T.R.HARIKUMAR
                SRI.ARJUN RAGHAVAN
                SRI.ADITHYA RAJEEV

RESPONDENT/S:

      1         THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD.
                NO.4203,
                REPRESENTED BY ITS GENERAL MANAGER,
                HEAD OFFICE,
                ALAPPUZHA -690001

      2         THE PART-TIME ADMINISTRATOR,
                ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD.NO.4203,
                HEAD OFFICE, ALAPPUZHA-690 001, (JOINT REGISTRAR OF
                CO-OPERATIVE SOCIETIES(GENERAL), ALAPPUZHA).

      3         THE KERALA PUBLIC SERVICE COMMISSION,
                REPRESENTED BY ITS SECRETARY, PATTOM P.O.,
                THIRUVANANTHAPURAM-695 004.

      4         THE DISTRICT OFFICER,
                KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE,
                ALAPPUZHA-688 001.
 WP(C).No.31786 OF 2018(W) and conctd. Case              2


      5      THE JOINT REGISTRAR OF CO-OPERATIVE
             SOCIETIES(GENERAL),
             ALAPPUZHA-688 001.

      6      THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
             THIRUVANANTHAPURAM-695 001.

      7      ADDL.R7. THE KERALA CO-OPERATIVE BANK LTD.,
             REPRESENTED BY ITS CEO, COBANK TOWERS, PALAYAM,
             THIRUVANANTHAPURAM - PIN - 695 033

             ADDITIONAL R7 IS IMPLEADED AS PER ORDER DATED
             27.1.2020 IN I.A.1/2020 IN WP(C).

             R1-2 BY ADV. SC, ALAPPUZHA DISTRICT CO.OPERATIVE
             BANK LTD.
             R3-4 BY ADV. SC, KERALA PUBLIC SERVICE COMMISSION -
             KPSC
             R3-4 BY SRI.P.C.SASIDHARAN, SC, KPSC
             R5-6 BY GOVERNMENT PLEADER SRI. HAREESH KUMAR
             R7 BY ADV. GILBERT GEORGE CORREYA

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2021, ALONG WITH WP(C).29057/2019(F), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.31786 OF 2018(W) and conctd. Case                  3


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

     MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                      WP(C).No.29057 OF 2019(F)

PETITIONER/S:

      1         BINCY S.
                AGED 36 YEARS
                W/O. SUVARNAKUMAR A.S, RESIDING AT AJAYA NIVAS,
                VARANAD P.O, CHERTHALA 688 539, ALAPPUZHA DISTRICT

      2         VINEETHA N.V,
                AGED 32 YEARS
                W/O. SHYMON P.S, RESIDING AT PONNAMTHARA,
                VAYALAR P.O, PIN 688 536

      3         REKHA O,
                AGED 39 YEARS
                RESIDING AT MATTATHIL, CHARAMANGALAM, MUHAMMA P.O,
                ALAPPUZHA DISTRICT

      4         SABITHA N.B,
                AGED 41 YEARS
                W/O. SAIJU V.G,
                RESIDING AT VAYALVARAM HOUSE, THIRUNALLOOR P.O,
                PIN 688 541

      5         BINDU K.T,
                AGED 45 YEARS
                D/O. THANKAPPAN K.K, RESIDING AT KOORAMUTTATHU,
                CHERUVARANAM, VARANAM P.O, ALAPPUZHA DISTRICT

      6         ASHAMOL P,
                AGED 41 YEARS
                W/O. LALAN M.V, RESIDING AT MANEEZHATHUVELI,
                NORTH ARYAD P.O, ALAPPUZHA 688 538

      7         SANTHOSH KUMAR B,
                AGED 46 YEARS
                S/O. G. BHASKARAN, RESIDING AT INDIRA BHAVANAM,
                KATTACHIRA, PALLICKAL P.O, ALAPPUZHA DISTRICT
      8         ASA M,
                AGED 44 YEARS
                RESIDING AT LAKSHMIVILLA , MUTHUKULAM NORTH,
                CHOOLATHERUVU P.O, ALAPPUZHA 690 506
 WP(C).No.31786 OF 2018(W) and conctd. Case               4


      9         REMYA A.K,
                AGED 34 YEARS
                W/O. NOBI K.S, RESIDING AT KOLLAMVELI, MUHAMMA P.O,
                ALAPPUZHA 688 525

      10        AJITHAKUMARI K.A,
                AGED 45 YEARS
                W/O. GOPINATHAN NAIR, RESIDING AT PALAKKAVIL HOUSE,
                OLATHALA, PATTANAKKAD P.O, CHERTHALA, ALAPPUZHA

      11        BINDU S,
                AGED 44 YEARS
                RESIDING AT LEKSHIPURAM, KELAMANGALAM P.O,
                THAKAZHY, ALAPPUZHA 688 562

      12        SUMESH C.B,
                AGED 51 YEARS
                S/O. BALASOMAN, RESIDING AT CHIRACKALPARAMBIL,
                PATTANAKKAD P.O, CHERTHALA, ALAPPUZHA 688 531

      13        ASHADEVI R,
                AGED 45 YEARS
                W/O. S. CHANDRAN, RESIDING AT KOMALIL KYALVARAM,
                KANADALLOOR SOUTH P.O, KAYAMKULAM, PIN 690 535

      14        MANJUSHA K,
                AGED 40 YEARS
                W/O. P.K BABU, RESIDING AT PALATHARA HOUSE,
                ANJILAKKADU, AROOR P.O, CHERTHALA,
                ALAPPUZHA 688 534

      15        MAYADEVI V,
                AGED 47 YEARS
                W/O. N RGGHUNATH, RESIDING AT MADHAVAM, PATTANAKKAD
                P.O, CHERTHALA, ALAPPUZHA 688 531

                BY ADVS.
                SRI.M.R.ANISON
                SMT.V.BHARGAVI (PANANGAD)
                SMT.P.A.RINUSA
                SMT.A.MEENAKSHI

RESPONDENT/S:

      1         THE ALAPPUZHA DISTRICT CO-OEPRATIVE BANK LIMITED
                NO. 4203,
                REPRESENTED BY ITS PART-TIME ADMINISTRATOR,
                ALAPPUZHA DISTRICT CO-OEPRATIVE BANK LIMITED NO.
                4203, HEAD OFFICE, ALAPPUZHA 691 001
 WP(C).No.31786 OF 2018(W) and conctd. Case              5

      2      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
             (GENERAL)
             ALAPPUZHA 688 001

      3      THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
             THIRUVANANTHAPURAM 695 001

      4      THE KERALA PUBLIC SERVICE COMMISSION,
             REPRESENTED BY ITS SECRETARY, PATTOM,
             THIRUVNAANTHAPURAM 695 004

      5      THE DISTRICT OFFICER,
             KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE,
             ALAPPUZHA 688 001

      6      ADDL.R6.KERALA CO-OPERATIVE BANK LIMITED,
             REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, CO-
             OPERTIVE TOERS, PALAYAM, THIRUVANANTHAPURAM-695033.
             ADDL.R6 IS IMPLEADED AS PER ORDER DATED 12.02.2020
             IN IA 2/2020

             R4-5 BY SRI.P.C.SASIDHARAN, SC, KPSC
             GOVERNMENT PLEADER SRI. HAREESH KUMAR

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2021, ALONG WITH WP(C).31786/2018(W), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.31786 OF 2018(W) and conctd. Case                       6




                               JUDGMENT

Dated this the 25th day of January 2021

This order of mine shall dispose of two writ

petitions, whereby identical question and prayer has been

sought. The facts are being taken from W.P.(C)No.29057

of 2019. Petitioners, are fifteen(15) in number,

candidates, were included in the rank list for appointment

to the post of Clerk/Cashier under different categories ie.,

general category, society quota candidates approached

this Court seeking the following reliefs:

(a) to issue a writ of mandamus or other appropriate writ order or direction directing the 1 respondent to fill up Clerk/Cashier post by strictly following the ratio stipulated in ExP3 Recruitment Rule and not to fill up any Clerk/Cashier post in excess of the quota set apart in Ext.P3 between direct recruits and promotees,

(b) to issue a writ of mandamus or other appropriate writ order or direction directing 2 nd and 3rd respondents to ensure that 1st respondent do not affect any promotion to the post of Clerk/Cashier in violation of the 5:1 ratio and not to fill up the existing vacancies of Clerk/Cashier post in violation of the 5:1 ratio,

(c) to issue a writ of mandamus or other appropriate writ order or direction, directing the respondent to report all Clerk/Cashier vacancies available and arising in the various branches and Head Office of the Branch up to 31.12.2025 to she PSC forthwith, so as to enable the 5th respondent to issue advice memo to persons included in Ext. Pl and P2 rank lists,

(d) to issue a writ of mandamus or other appropriate writ order or direction directing respondents 1 to 3 to stop the practice of permitting Peons for any other unqualified persons to discharge the duties of Clerk/Cashier in various branches of the Bank after coming into force of Ext. P1 and P2 rank list and to report all such vacancies of Clerk/Cashier to PSC forthwith

(e) to issue a writ of mandamus or other appropriate writ order or direction, directing the 1st respondent to report 110 Clerk/Cashier post to the PSC forthwith; so as to enable the PSC to advice candidates from Ext.P1 and Ext.P2 rank list:

2. A ratio of 5:1 between direct recruitees and

promotees was fixed in the 'Model Recruitment Rule',

framed for the District Co-operative Banks in the State

for effecting appointment to the post of Clerk/Cashier.

3. Learned counsel appearing on behalf of the

petitioners submits that as on the date of the rank lists,

Exts.P1 and P2, large number of Clerk/Cashiers vacancies

were vacant in various branches of the Bank. But

ignoring the ratio stipulated in Ext.P3 recruitment Rule,

all those vacancies were filled up by promoting persons

who are working in the feeder post. Petitioners have

demonstrated the number of vacancies and promotions by

placing on record chart, Exts.P9 to P11. The first

respondent did not report any vacancies to the Public

Service Commission only with an intention to fill up all

those vacancies by department itself. The District Co-

operative Bank have been adopting the practice of not

reporting any vacancies to the PSC and filling up the post

in flagrant violation of Ext.P3 Recruitment Rules. Vide

circular dated 9.8.2016, Ext.P13 Registrar Co-operative

Societies, 3rd respondent, directed all the District Co-

operative Banks not to fill up the vacancies arising in the

Bank otherwise than as provided in the Co-operative

Societies Act and Rules, thus, the action of the first

respondent is per se illegal and arbitrary. During the

pendency of the writ petition an interim application No.1

of 2020 dated 26.1.2020 was filed. It was mentioned

that eight (8) vacancy of Clerk/Cashier were filled up by

promoting Peons by applying 5:1 ratio between direct

recruits and promotees. Four (4) persons were promoted

in excess of the promotion quota. Apprehending expiry

of ranked list on 22.2.2020, sought the indulgence of this

Court for directing the first respondent to report hundred

and ten (110) vacancies of Clerk/Cashier to the 5th

respondent/PSC. This Court vide order dated 19.2.2020,

noticing the contention of respondent representing

District Co-operative Banks, Sri.P.C Sasidharan that there

were no vacancies existing and pursuant to re-

classifications effected since 2006, sanctioned strength in

the post of clerk/cashier varied over the years. The

aforementioned prayer was not accepted and the said

order was assailed before the Division Bench in W.A

No.317 of 2020. The Division Bench vide an interim order

dated 20.2.2020, directed the respondents 1 to 6 to

report thirty nine( 39) vacancies in the post of

Cashier/Clerk in Alappuzha District Co-operative Bank to

respondent No.4 (Public Service Commission) with copy

of Respondent No.5 (District Officer KPSC) with a further

direction that no advice shall be effected against the

reported vacancies without any order of the court.

However vide order dated 3.3.2020, the Division Bench

disposed of the writ appeal by observing that the question

whether the vacancies directed to be reported are actual

vacancies available for effecting appointments and all

other issues raised and available for consideration based

on the pleadings in the writ petition, were left open. It is

contended that even if the District Co-operative Banks

have been amalgamated, the rank list which was already

invogue had not lost its validity but the respondent did

not report any vacancies to the PSC. In support of the

contention relied upon the judgment of this Court in W.P.C

No.14915 of 2020 titled as V. Dineshkumar and Others

v. Kerala State Co-operative Bank Ltd ., whereby the

contention of the petitioners (therein) was rejected on

the premise that DCBs, on amalgamation, ceased to exist

and upheld the action of the respondents in undertaking

the task of appointment of vacancies which were in

existence before the date of amalgamation in view of

saving clause 12 of Section 74H of the Kerala Co-

operative Societies Act.

3. Per contra, learned counsel appearing on behalf

of the contesting respondents submitted that there are no

such vacancies. The prayer in the interim application now

filed ie., I.A Nos.4 and 5 of 2020 dated 14 th December

2020 in respect of fresh process of appointments is not

supported by any documents. This Court had already in

W.P.(C) No.19568 of 2020 titled as Jayasree M. and

others v. State of Kerala and others dated

12.10.2020, whereby a challenge was laid to the order of

transfer and found that since there was amalgamation of

DCBs with State Co-operative Banks as per the

provisions of Sub Rule 5 of Rule 28A of the Kerala Co-

operative Societies Rules, 1969, the Government by

notification is required to make changes regarding

recruitment, rules, staff regulations, promotions; the

process is pending consideration and till such time, there

cannot be any reporting of vacancies to the PSC. By

taking into consideration the aforementioned fact and the

contentions, the transfer orders challenged, were ordered

to be kept in abeyance and till such time, no appropriate

directions as sought for in the present writ petition may

be issued. It was further contended that the ratio

culled out in V.Dineshkumar (supra) would not be

applicable as advice of appointment had been issued prior

to amalgamation whereas the facts of the case are

entirely different as it is only with regard to reporting of

the vacancies and urged this Court for dismissal of the

writ petition.

4. I have heard the learned counsel for the parties

and appraised the paper book. In the judgment

Jayasree M. (supra) this Court noticed that the factum of

amalgamation and the constitutional validity of Section

14A and 74H was upheld by this and all the DCBs except

one were amalgamated with the State Co-operative Bank

on account of fulfillment of certain conditions ie, a

condition to get the technology in place for smooth

transfer of services to clients with carefully configured

software. Sub Clause (iv) of clause 6 of the scheme of

amalgamation provides that the Government will make a

scheme for cadre integration and seniority promotion,

transfer, service condition and such other matters related

to the employees of the transferor bank and the

Transferee Bank. Rule 28A (5) of the Kerala Co-operative

Societies Rules empowered the Government to make

changes in the recruitment rules, staff regulations,

promotion policy and other establishment matters of the

Bank. The direction as sought for with regard to the

earlier promulgated rank list whose period had already

expired, dehore of the fact that the interim directions

were issued for reporting it provisionally cannot be

adhered at this stage but this Court cannot lose sight of

the fact that there are no such vacancies as the

amalgamation scheme had already been notified way back

on 29.11.2019. The aforementioned fact was not brought

into notice of the Division Bench while passing interim

order but was noticed in the order dated 3 rd of March

2020. For the sake of brevity, paragraph 5 of the said

order in W.A No.317 of 2020 is extracted herein below:

The captioned appeal has been preferred against the interim order dated 19.02.2020 in I.A. No. 1/2020 in WP(C) No. 29057/2019. As per the impugned interim order, the learned single Judge had declined to grant the interim relief sought for. As per I.A. No. 1/2020, the petitioner sought for a direction to the first respondent, viz. the Alappuzha District Cooperative Bank Ltd. No. 4203 to report 110 vacancies of Clerk/Cashier to the 5th respondent, viz. the District Officer of Kerala Public Service Commission, pending decision in the writ petition. 2. The learned single Judge has given reasons for declining the interim relief sought for. When the appeal came up for consideration on 20.02.2020, we passed an interim order, whereby we directed respondents 1 to 6 to report 39 vacancies in the post of Cashier/Clerk in Alappuzha District Co-operative Bank to respondent No.4 with copy of W.A.No. 317/2020 5 respondent No.5, appropriately on or before 5 p.m. on 22.02.2020. We passed the said order taking note of various aspects. The list in question where the appellant's figure was to expire on 22.02.2020. A Full Bench of this Court in Vimala Kumari v. State [1994 (2) KLT 47] held that in respect of a ranked list published by the Kerala Public Service Commission, appointments could be effected from the said list, only if vacancies were reported prior to its expiry. 3. We also took note of another aspect. Though one of the contentions raised by the respondents to resist the claims of the appellants/writ petitioners is that in view of the amalgamation of District Co-operative Banks to form the Kerala State Co-operative Bank the District Co-operative Bank in question ceased to

exist. Obviously, while passing interim order dated 20.02.2020, we put a pointed question to the learned counsel for respondents 1 and 6 as also the learned Government Pleader appearing for respondents 2 and 3 as to whether any appeal was preferred against amalgamation of W.A.No. 317/2020 6 District Co- operative Bank with the Kerala State Co-operative Bank. We got an answer in the affirmation. In other words, against the common order by a learned single Judge in this matter appeals have been preferred and they are pending. We have taken into account all those aspects while passing the interim order. 4. As noticed herein- before, as per interim order dated 22.02.2020, we directed the respondents for reporting 39 vacancies in the post of Cashier/Clerk in Alappuzha District Co- operative Bank to respondent No.4 with copy to respondent No. 5. We also ordered that no advice shall be effected against the vacancies so reported, without obtaining further orders from this Court. 5. We are of the considered view that nothing further survives for consideration in this appeal as the very appeal was filed against the interim order dated 19.02.2020 whereby the learned single Judge declined to grant relief sought for in I.A.1/2020. To the extent it is permissible the view of the materials on record we passed the aforesaid interim order. Whether those vacancies directed to be reported provisionally are actual vacancies or not as also the other legal contentions based on the factum of amalgamation of the District Cooperative Bank are matters to be considered in the writ petition. Obviously, the writ petition is still pending. In the said circumstances, the appeal is disposed of making it clear that the question whether the vacancies directed to be reported are actual vacancies available for effecting appointments and all other issues raised and available for consideration based on the pleadings in the writ petition, are left open to be urged in the writ petition.

5. This Court cannot thus ignore the factum of

amalgamation as per the notification ibid and accept the

prayer of the petitioners by issuing directions to erstwhile

DCBs (No longer in existence) now amalgamated with

State Co-operative Banks pending promulgation of rules

and regulations as per sub Rule 5 of Rule 28 of the Kerala

Co-operative Societies Rule. There is no merit in the writ

petition and is accordingly dismissed.

In view of the aforementioned observation, the writ

petition No.31786 of 2018 is also dismissed.

SD/-

sab AMIT RAWAL

JUDGE

APPENDIX OF WP(C) 31786/2018 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION IN CATEGORY NO.20/2014 DATED 15.03.2014 ISSUED BY THE PUBLIC SERVICE COMMISSION.

EXHIBIT P2 A TRUE COPY OF THE NOTIFICATION IN CATEGORY NO.21/2014 DATED 15.03.2014 ISSUED BY THE PUBLIC SERVICE COMMISSION.

EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGE OF THE RANK LIST FOR THE POST OF CLERK/CASHIER FOR DIRECT RECRUITMENT DATED 23.02.2017.

EXHIBIT P4 A TRUE COPY OF THE RELEVANT PAGE OF THE RANK LIST FOR THE POST OF CLERK/CASHIER (SOCIETY QUOTA) DATED 23.02.2017.

EXHIBIT P5 A TRUE COPY OF THE RECRUITMENT(AMENDMENT) RULES FOR DISTRICT CO-OPERATIVE BANKS, 2014 DATED 01.11.2014.

EXHIBIT P6 A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT IN PROMOTING THE CLERK TO JUNIOR ASSISTANT DATED NIL

APPENDIX OF WP(C) 29057/2019 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF RANKED LIST FOR THE POST OF CLERK/CASHIER (ALAPPUZHA) WHICH WAS BROUGHT INTO FORCE ON 23-02-2017

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF RANKED LIST FOR THE POST OF CLERK/CASHIER (PART-II SOCIETY QUOTA-ALAPPUZHA) WHICH WAS BROUGHT INTO FORCE ON 23-02-2017

EXHIBIT P3 TRUE COPY OF THE RECRUITMENT RULE FOR APPOINTMENT TO THE VARIOUS CADRE POSTS IN DISTRICT CO-OPERATIVE BANK

EXHIBIT P4 TRUE COPY OF THE YEARLY BALANCE SHEET OF THE BANK FOR THE YEAR 2016-2017

EXHIBIT P5 TRUE COPY OF THE YEARLY BALANCE SHEET OF THE BANK FOR THE YEAR 2017-2018

EXHIBIT P6 TRUE COPY OF THE YEARLY BALANCE SHEET OF THE BANK FOR THE YEAR 2018-2019

EXHIBIT P7 TRUE COPY OF RELEVANT PAGES OF ANNUAL REPORT OF THE BANK FOR THE YEAR 2016-17

EXHIBIT P8 TRUE COPY OF RECLASSIFICATION ORDERS DATED 08-03-2019

EXHIBIT P9 TRUE COPY OF LIST OF OFFICERS WHO RETIRED DURING THE EXISTENCE OF THE RANK LIST

EXHIBIT P10 TRUE COPY OF THE LIST OF OFFICERS WHO RETIRED IN BETWEEN 22-02-2020 TO 31-12-2020

EXHIBIT P11 TRUE COPY OF THE CHART PREPARED BY THE PETITIONERS SHOWING 39 NAMES OF CLERK/CASHIERS PROMOTED TO THE POST OF JUNIOR ACCOUNTANT

EXHIBIT P12 TRUE COPY OF THE LETTER DATED 19-10-2017 ISSUED BY THE GOVERNMENT

EXHIBIT P13 TRUE COPY OF THE CIRCULAR BEARING NO 27/2016 DATED 09-08-2016

EXHIBIT P14 TRUE COPY OF THE CIRCULAR ISSUED BY THE GOVERNMENT DATED 18-01-2019

EXHIBIT P15 TRUE COPY OF CIRCULAR NO. C.3/101/2019/P AND AD DATED 20-09-2019

EXHIBIT P16 A TRUE COPY OF THE JUDGMENT DATED 03.03.2020 IN W.A.NO.317/2020.