Kerala High Court
Neethu K Murali vs Eriyad Service Co Operative Bank ... on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 23rd day of November 2021 / 2nd Agrahayana, 1943
WA NO. 1537 OF 2021
AGAINST JUDGMENT DATED 27.10.2021 IN WPC NO.22933/2021 OF THIS COURT.
---
APPELLANT/PETITIONER IN WP(C)22933/2021:
NEETHU K.MURALI,AGED 28 YEARS,D/O.MURALEEDHARAN K.A.,
KODUMADATHIL HOUSE,VALLIVATTOM P.O.,THRISSUR.
BY ADVS.M/S.V.M.KRISHNAKUMAR, P.R.REENA,
P.S.SIDHARTHAN & MAYA M.
RESPONDENTS/RESPONDENTS IN WP(C)22933/2021:
1.ERIYAD SERVICE COOPERATIVE BANK LTD.,ERIYAD P.O.,
THRISSUR DISTRICT,PIN-680666,REPRESENTED BY ITS SECRETARY.
2.ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES,
KODUNGALLUR,THRISSUR DISTRICT, PIN-680664.
BY SENIOR GOVERNMENT PLEADER FOR R2.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the 1st respondent to reinstate the appellant in accordance with
Ext.P7 in service, pending disposal of the above writ appeal.
This Writ Appeal coming on for orders on 23/11/2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P7:TRUE COPY OF THE LETTER DATED 06.10.2021
ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT
ALONG WITH ENGLISH TRANSLATION.
---
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
===================================
Writ Appeal No.1537 of 2021
(arising out of the judgment dated 27.10.2021 in WP(C) No.22933/2021)
=========================================
Dated this the 23rd day of November, 2021
ORDER
Issue notice before admission to R1 (Co-operative Society). It shall be
served by the Appellant's Counsel by serving notice on the learned
Sr.Government Pleader who will ensure that notice on R1 Co-operative
Society is served through the liaison official of the Co-operation
Department attached to the Office of the Advocate General as well as the
Local Assistant Registrar/Joint Registrar of the above said Society.
2. After service of notice, the liaison official of the Co-operation
Department attached to the Office of the Advocate General will file a memo
through the learned Sr.Government Pleader about due service of notice on
R1. The liaison official and the Assistant Registrar may intimate R1-Co-
operative Society, about the pendency of this WA to alert them to make
arrangements to enter appearance through the learned Advocate of their
choice well before the next posting date. Learned Sr.Government Pleader
has taken notice for R2 (Assistant Registrar of Co-operative Societies).
3. The learned Sr.Government Pleader will get specific
Writ Appeal No.1537 of 2021
instructions from the competent authority of the State Government in the
Social Justice Department, as to which are the sub-categories of physically
disabled candidates who are made eligible and suitable for appointment to
the post of LD clerk, Section Assistant etc., and whether the sub-category
of visually impaired candidates are eligible and suitable for such lateral
reservation for PD candidates for appointment to such posts and if so,
whether there is any maximum degree of visual disability that is prescribed
for such suitability and eligibility etc. A copy of Government
norm/Government Order prescribing such norms in the matter of
identification of such suitability for PD candidates may be made available
for the perusal of this Court along with the memo of the learned
Sr.Government Pleader. So also, both sides will apprise this Court as to
whether the provisions contained in the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995,
(Central Act 1 of 1996) as repealed and replaced by the subsequent Central
enactment as per the Rights of Persons With Disabilities Act, 2016 (Central
Act, 49 of 2016) framed by the Parliament would apply for lateral
reservation of physically disabled candidates for employment in Co-
operative Societies like the respondent Co-operative Society and whether
such a Co-operative Society would fulfil the definition of establishment as
Writ Appeal No.1537 of 2021
per Section 2(k) (Government Establishment) as understood in the 2016
Act etc. In other words, both sides may address this Court as to whether
the provisions of the Central Enactments would govern the lateral and
horizontal reservation of PD candidates' employment in Co-operative
Societies like the 1st respondent Co-operative Societies, if not whether the
source for prescription of such lateral and horizontal reservation of PD
candidates is governed by the provisions contained in Section 80(5) of the
Kerala Co-operative Societies Act, 1969 as intoduced by amendment made
effective from 28.04.2010 and which is the authority who is competent to
perform the task of identification of posts suitable for such lateral
reservation. In other words, whether it is the Government in the Social
Justice Department or whether such power could be exercised by the Co-
operative Department etc in the case of such reservations covered by
Section 80(5) of the Kerala Co-operative Societies Act.
4. The 1st respondent will explain to this Court as to whether the
probationary appointment of the writ appellant has been terminated, in
due compliance with the requirements of Rule 184(3) of the Kerala Co-
operative Society Rules or whether there is any contravention of the said
provisions as alleged by the petitioner, inasmuch as it is averred that the
prior approval of a notified Registrar has not been obtained in that regard
Writ Appeal No.1537 of 2021
as mandated in Section 184(3) proviso.
5. In the meanwhile it is ordered that the 1 st respondent shall not
fill up the post of LD clerk earlier occupied by the writ appellant by any
method of appointment otherwise than by accommodating the writ
appellant.
List this case in the admission list on 06.12.2021.
Handover to both sides.
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
VIJU ABRAHAM
JUDGE
Nsd
23-11-2021 /True Copy/ Assistant Registrar
