Alice Varghese vs Sreekandamangalam Service ...
2021 Latest Caselaw 20485 Ker

     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                       PRESENT
       THE HONOURABLE MR.JUSTICE AMIT RAWAL
FRIDAY, THE 1ST DAY OF OCTOBER 2021/9TH ASWINA, 1943
               W.P.(C)NO.20721 OF 2021


PETITIONER:

      ALICE VARGHESE, AGED 57 YEARS,
      KURUMTHODATH HOUSE, MANNANCHERRY P.O.,
      ALAPPUZHA-688 538.

      BY ADV.JOBY CYRIAC


RESPONDENTS:

1     SREEKANDAMANGALAM SERVICE CO-OPERATIVE BANK
      LIMITED, NO.974, MUTTATHIPARAMBU P.O.,
      CHERTHALA, ALAPPUZHA 688 527,
      REPRESENTED BY ITS ADMINISTRATOR.
2     THE ADMINISTRATOR,
      SREEKANDAMANGALAM SERVICE CO-OPERATIVE
      BANK LIMITED, NO.974, MUTTATHIPARAMBU P.O.,
      CHERTHALA, ALAPPUZHA 688 527.
3     THE JOINT REGISTRAR, (GENERAL),
      OFFICE OF THE JOINT REGISTRAR (GENERAL),
      CO-OPERATIVE DEPARTMENT, ALAPPUZHA 688 011.
4     STATE OF KERALA,
      REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
      CO-OPERATIVE DEPARTMENT, SECRETARIAT,
      THIRUVANNTHAPURAM-695 001.

      BY ADV. S.KRISHNA
      SRI.JIMMY GEORGE, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
       W.P.(C) No.20271 of 2021

                                 2




                             JUDGMENT

The petitioner is an employee of the

first respondent co-operative bank working

as its secretary-in-charge and was promoted

from time to time. While working as

accountant, was demoted as Junior Clerk

owing to the punishment order dated

10.5.2014 which was challenged before the

Board of Directors by way of an appeal and

then, with Co-operative Arbitration Court.

The Arbitration Court vide award dated

17.7.2019 set aside the orders of the

President and the Board of Directors and

restored the petitioner's service as

accountant with retrospective effect. During

the interregnum, the second respondent/

Administrator on 31.5.2018 appointed the W.P.(C) No.20271 of 2021

petitioner as Secretary-in-charge of the Co-

operative Society with effect from 1.6.2018

vide Ext.P2. Claiming promotion to the post

of the Secretary, the petitioner submitted a

representation dated 28.12.2020, vide

Ext.P4, as she is eligible, but the same is

pending consideration. It is submitted that

the petitioner would be satisfied in case

the writ petition is disposed of by issuing

directions to the second respondent for

disposal of the representation.

Heard counsel on either side.

Without expressing anything on the merit

of the matter, considering the fact that the

petitioner has made a request for promotion

as secretary and holding the charge of the

same, let the respondent No.2 to take a call

on the representation after affording W.P.(C) No.20271 of 2021

opportunity of hearing, in accordance with

law. Let this exercise be undertaken within

a period of two months from the date of

receipt of the certified copy of this order.

Sd/-

                                  AMIT RAWAL
     ss                              JUDGE
     W.P.(C) No.20271 of 2021

APPENDIX OF WP(C) 20721/2021

PETITIONER EXHIBITS:

Exhibit P1 TRUE COPY OF THE AWARD DATED 17.07.2019 IN ARC NO. 39/2015 PASSED BY THE CO OPERATIVE ARBITRATION COURT.

Exhibit P2 TRUE COPY OF THE MINUTES OF THE IST RESPONDENT CO OPERATIVE BANK, DATED 31.05.2018.

Exhibit P3 TRUE COPY OF THE FEEDER CATEGORY REGULATION OF HE IST RESPONDENT CO OPERATIVE BANK.

Exhibit P4 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28.12.2020.