Kerala High Court
T.Anil Kumar vs The State Of Kerala on 25 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
WP(C).No.7715 OF 2021(L)
PETITIONER:
T.ANIL KUMAR
AGED 46 YEARS
SARASWATHEEYAM, NEAR REGHUNATHAPURAM MOSQUE, VARKKALA
P.O, PIN - 695141, THIRUVANANTHAPURAM DISTRICT,
WORKING AS SENIOR CLERK IN THE VARKALA SERVICE CO-
OPERATIVE BANK. T- 161.
BY ADV. SMT.V.K.HEMA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-
OPERATION, STATE SECRETARIAT, THIRUVANANTHAPURAM -
PIN - 695001.
2 THE VARKALA SERVICE CO-OPERATIVE BANK LTD NO. T 161
REPRESENTED BY ITS SECRETARY - IN - CHARGE,
PUNNAMOODU, VARKALA P.O, PIN - 695141,
THIRUVANANTHAPURAM DISTRICT.
3 REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, D.P.I, JUNCTION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695004,
4 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, D.P.I. JUNCTION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695004,
OTHER PRESENT:
SR.GP REKHA C.NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7715 OF 2021(L)
2
JUDGMENT
Dated this the 25th day of March 2021
The petitioner herein is now working in the Co-
operative Department as Senior Clerk in the Varkala
Service Co-operative Bank. According to him, he has
passed B.A. and J.D.C. and is the senior most staff of
the second respondent Society, next to the Accountant
named Mrs. Rema Devi.
2. The grievance of the petitioner is that a
person junior to him is now posted as the Secretary-in-
charge who has no qualification as prescribed by law.
This Court in W.P.(C.) No.23318 of 2020 had directed
the second respondent to consider, the then Accountant
Rema Devi's application in a time bound manner.
According to the petitioner, that has not been
considered even now and the second respondent is
taking hasty steps to appoint a permanent Secretary of
their choice without complying the formalities.
3. Having considered the prayer made by the
WP(C).No.7715 OF 2021(L)
petitioner and noting the fact that the petitioner had
filed Ext.P9 application before the Registrar of Co-
operative Societies, I am inclined to dispose of the writ
petition directing the Registrar/Joint Registrar to
consider the above application and to dispose it of, on
merits as expeditiously as possible, at any rate, within a
period of one month from the date of receipt of a copy
of this judgment. In the meanwhile, no person shall be
permanently appointed in that post.
The writ petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
SKP/26-3
WP(C).No.7715 OF 2021(L)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BYE LAW OF THE VARKALA
SERVICE CO-OPERATIVE BANK NO. T.161.
EXHIBIT P2 TRUE COPY OF DECISION NO.353 DATED
30.08.2014 OF VARKALA SERVICE CO-OPERATIVE
BANK T.161.
EXHIBIT P3 TRUE COPY OF THE DEGREE CERTIFICATE OF ANIL
KUMAR DATED 11.02.2019 ISSUED BY MADURAI
KAMARAJ UNIVERSITY.
EXHIBIT P4 TRUE COPY OF THE ELIGIBILITY CERTIFICATE
DATED 05.02.2019 ISSUED BY THE UNIVERSITY
OF KERALA IN FAVOUR OF ANIL KUMAR.
EXHIBIT P5 THE TRUE COPY OF JDC CERTIFICATE OF ANIL
KUMAR DATED 16.11.2016 ISSUED BY THE STATE
CO-OPERATIVE UNION, KERALA.
EXHIBIT P6 THE TRUE COPY OF THE APPOINTMENT LETTER OF
ANIL KUMAR DATED 27.3.2010 ISSUED BY
VARKALA CO-OPERATIVE SOCIETY.
EXHIBIT P7 THE TRUE COPY OF THE SERVICE BANK OF ANIL
KUMAR.
EXHIBIT P8 THE TRUE COPY OF THE ORDER DATED 2.12.20 IN
WPC NO.23318/2020.
EXHIBIT P9 THE TRUE COPY OF THE COMPLAINT DATED
22.02.2021 BY ANIL KUMAR.
EXHIBIT P10 THE TRUE COPY OF POSTAL RECEIPT AGAINST THE
3RD RESPONDENT.
EXHIBIT P11 THE TRUE COPY OF POSTAL RECEIPT AGAINST THE
4TH RESPONDENT.
RESPONDENTS'S EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
