Kerala High Court
Y.Shyni vs The Pathanamthitta Ksrtc ... on 8 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 1093 OF 2013
PETITIONER/S:
Y.SHYNI
AGED 36 YEARS
W/O.MEHARLAL, PUTHUMANGALATH KIZHAKKETHIL, IRAMON.P.O,
KONNI, PATHANAMTHITTA, (JUNIOR CLERK, PATHANAMTHITTA
KSRTC EMPLOYEES CO-OPERATIVE SOCIETY LTD.NO.P.T.32).
BY ADVS.
SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
RESPONDENT/S:
1 THE PATHANAMTHITTA KSRTC EMPLOYEES CO-OPERATIVE SOCIETY
LTD. NO.P.T.32,
REPRESENTED BY ITS SECRETARY, II FLOOR, P.K.R.CENTRE,
OPP. K.S.R.T.C, PATHANAMTHITTA-689 645.
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
PATHANAMTHITTA-689 645.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
PATHANAMTHITTA-689 645.
OTHER PRESENT:
GP SRI B HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1093 OF 2013
2
JUDGMENT
Petitioner is a post graduate degree holder and obtained
a qualification of Higher Diploma in Co-operation. On the
basis of the qualification joined the service of the 1 st
respondent Society as peon on 1.2.2006. Vide order dated
30.4.2009 she was promoted as Junior Clerk. Kerala Public
Service Commission invited applications for filling up the
50% vacancies in District Co-operative Banks set apart for
employees of affiliated societies. The petitioner applied for
issuance of service certificate in the manner prescribed by
the Public Service Commission vide Ext.P8. The certificate
Ext.P9 was issued with incorrect particulars and details,
resulting into submission of representation Ext.P10. Since
no action was taken and as the last date for submission of
application was expiring the petitioner was constrained to
submit her application online. For the purpose of correction
of discrepancies in the service certificate petitioner
WP(C) NO. 1093 OF 2013
approached this Court vide W.P.(C) No.1124 of 2010. Vide
interim order dated 13.1.2010 Ext.P11, it was ordered that
the application of the petitioner during the pendency of the
writ petition would not be rejected on the ground of service
certificate.
2. Learned counsel for the petitioner submitted that
the petitioner was served with two orders issued by the 3 rd
respondent holding that service certificate issued by the 2 nd
respondent was proper and the action of the part-time
Administrator in reverting the petitioner and entering the
same in the service book of the petitioner as per resolution
No.9 dated 20.8.2009 was proper, Exts.P14 and P15. The
aforementioned orders are not sustainable on account of the
fact that the petitioner was not given any opportunity of
hearing while disposing of the representation by the 3 rd
respondent. The notice of termination was challenged
before this Court. There is no representation on behalf of
the first respondent as the first respondent has been served
as per the report dated 16.7.2013.
WP(C) NO. 1093 OF 2013
3. I have heard the learned counsel for the parties
and appraised the paper book. By looking at the orders
Exts.14 and 15, they are not only evasive but have not
assigned any cogent reasons while declining the
representation for issuance of correction in the service
certificate and viz-a-viz prayer with regard to the reversion.
Without commenting on the merits of the matter, I
dispose of the writ petition by quashing Exts.P14 and P15
with regard to the relief for correction in the service
certificate and reversion and permitting the petitioner to
appear before the 3rd respondent Joint Registrar within a
period of 45 (forty five) days from the date of receipt of a
copy of this judgment. Liberty is granted to the petitioner to
submit fresh documents, if any. Let the decision be taken
within two months thereafter.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 1093 OF 2013
APPENDIX OF WP(C) 1093/2013
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE APPOINTMENT ORDER NO.C.5/2006
DATED 28.1.2006.
Exhibit P2 COPY OF THE APPOINTMENT ORDER
NO.KSRTCECS/PTA/068/07 DATED 9.7.2007.
Exhibit P3 COPY OF THE MEMORANDUM OF UNDERSTANDING
ENTERED INTO BETWEEN THE PETITIONER AND
THE 1ST RESPONDENT DATED 8.4.2009.
Exhibit P4 COPY OF THE RESOLUTION TAKEN BY THE
MANAGING COMMITTEE OF THE 1ST RESPONDENT
DATED 6.4.2009.
Exhibit P5 COPY OF THE ORDER OF PROMOTION ISSUED BY
THE PRESIDENT OF THE 1ST RESPONDENT DATED
30.4.2009.
Exhibit P6 COPY OF THE NOTIFICATION IN CATEGORY
NO.434/2009, PUBLISHED IN THE GAZETTE
DATED 14.12.2009.
Exhibit P7 COPY OF THE NOTIFICATION PUBLISHED IN THE
MALAYALA MANORAMA DAILY DATED 6.1.2010.
Exhibit P8 COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER DATED 19.12.2009.
Exhibit P9 COPY OF THE SERVICE CERTIFICATE ISSUED BY
THE 2ND RESPONDENT DATED 30.12.2009.
Exhibit P10 COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
DATED 2.1.2010.
Exhibit P11 COPY OF THE INTERIM ORDER DATED 13.1.2010
IN WP(C) NO.1124 OF 2010.
WP(C) NO. 1093 OF 2013
Exhibit P12 COPY OF THE REPLY NO.C.R.B. 411/2012
DATED 2.5.2012 OF THE 3RD RESPONDENT.
Exhibit P13 COPY OF THE AWARD IN ARC NO.112/2009
DATED 28.9.2012.
Exhibit P14 COPY OF THE ORDER NO.C.R.B.87/10 DATED
27.10.2012 ISSUED BY THE 3RD RESPONDENT.
Exhibit P15 COPY OF THE ORDER NO.C.R.B.6599/11 DATED
27.10.2012 ISSUED BY THE 3RD RESPONDENT.
