T.R Anilkumar vs Kollam District Co-Operative ...
2021 Latest Caselaw 15788 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
         FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                         WP(C) NO. 22217 OF 2012
PETITIONER:

              T.R. ANILKUMAR,(**CORRECTED)
              AGED 42 YEARS, VAZHAPALLI PADINJATTATHIL,
              KULAKKADA EAST P.O, KOTTARAKKARA.(**THE NAME OF THE
              PETITIONER 'T.R.ANILKUMAR' IS DELETED AND CORRECTED AS
              'T.R.AJIKUMAR' AS PER ORDER DATED 07.04.2016 IN
              I.A.NO.3710/16)

              BY ADVS.
              SRI.K.KARTHIKEYA PANICKER
              SMT.DAYA K. PANICKER



RESPONDENTS:

     1        KOLLAM DISTRICT CO-OPERATIVE BANK LTD.,
              REPRESENTED BY THE GENERAL MANAGER, KOLLAM 691 001.

     2        THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
              OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
              SOCIETIES, KOLLAM.

 ADDITIONAL BOARD OF DIRECTORS OF KOLLAM DISTRICT CO-OPERATIVE BANK
    3*        LTD., REPRESENTED BY IT'S PRESIDENT, KOLLAM - 691 001.
              (*ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 19.8.2013
              IN I.A.NO.10558/13)

              BY ADV SRI.T.R.HARIKUMAR, SC, KOLLAM DISTRICT
              CO-OPERATIVE BANK LTD.
              SRI BIMAL K NATH, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, ALONG WITH WP(C).24037/2012, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) Nos.22217 & 24037 of 2012
                                    -2-


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
   FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                        WP(C) NO. 24037 OF 2012
PETITIONER:

               PREETHA S., AGED 34 YEARS,
               MULLAVILA VEEDU, CHITTAYAM, PERUMON,
               INCHAVILA P.O., KOLLAM -691001.

               BY ADVS.
               SRI.K.KARTHIKEYA PANICKER
               SMT.DAYA K. PANICKER


RESPONDENTS:

    1          KOLLAM DISTRICT CO-OPERATIVE BANK LTD.,
               REPRESENTED BY ITS GENERAL MANAGER,
               KOLLAM 691001.

    2          ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
               OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
               SOCIETIES, KOLLAM.

ADDITIONAL     BOARD OF DIRECTORS OF KOLLAM DISTRICT CO-
   3*          OPERATIVE SOCIETIES, REPRESENTED BY IT'S
               PRESIDENT, KOLLAM DISTRICT CO-OPERATIVE BANK,
               KOLLAM - 691 001.(*ADDITIONAL R3 IS IMPLEADED AS
               ADDITION R3 AS PER ORDER DATED 10.6.2013 IN
               I.A.NO.6715/13)


        THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 30.07.2021, ALONG WITH WP(C).22217/2012, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.22217 & 24037 of 2012
                           -3-


                        JUDGMENT

[WP(C) Nos.22217/2012, 24037/2012]

Petitioners were appointed as part-time sweepers

in Kollam District Co-operative Bank in the year 2008.

However, in 2010 their services were terminated.

Petitioners preferred writ petitions W.P.(C) No.32153

of 2010 and W.P.(C) No.29028/2010 before this Court.

These writ petitions were disposed of by this Court

reserving the right of the petitioners to approach the

competent authority with a request to consider and

decide their right of continuance in service. It was

also observed that the right of the petitioners, if any,

has to be looked into by the authorities especially

when under similar circumstances, continuance of

certain part-time sweepers were considered in the

light of the judgment cited therein. Considering the

fact that the respondents had appointed other persons WP(C) Nos.22217 & 24037 of 2012

in the place of the petitioners, it was observed that it

was open for the respondents to engage the petitioners

in any other vacancy of part time sweepers till their

claim is considered.

2. Petitioners did not submit any request to the

respondents for consideration of appointment as part-

time sweepers. Writ of mandamus would not lie until

and unless the fresh representation in view of the

observations made in Ext.P1 judgment is preferred.

Be that as it may. As the matters are pending in this

Court since 2012, without expressing any opinion on

the merit, these matters are disposed of by treating

the present writ petitions as representations to

consider by the respondents in terms of the

observations recorded in the judgment Ext.P1.

Petitioners are also at liberty to submit any fresh and

additional material which would be required in support WP(C) Nos.22217 & 24037 of 2012

of the averments made in these writ petitions.

Respondents shall afford an opportunity of hearing to

the petitioners and decide the same within a period of

two months from the date of receipt of a certified copy

of the judgment.

Sd/-

AMIT RAWAL JUDGE vv WP(C) Nos.22217 & 24037 of 2012

APPENDIX OF WP(C) 22217/2012

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 10-11-

2010 IN W.P.(c) NO.32153/2010

EXHIBIT P2 TRUE COPY OF THE COVERING LETTER DATED 26-03-2011 OF THE COUNSEL FOR THE PETITIONER WP(C) Nos.22217 & 24037 of 2012

APPENDIX OF WP(C) 24037/2012

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 9-11-

2010 IN W.P.(c) NO.29028/2010

EXHIBIT P2 TRUE COPY OF THE COVERING LETTER DATED 17-06-2011 OF THE COUNSEL FOR THE PETITIONER TO THE PRESIDENT, KOLLAM DISTRICT CO-OPERATIVE BANK