Kerala High Court
Jaison T vs State Of Kerala on 20 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
WP(C) NO. 22036 OF 2021
PETITIONERS:
1 JAISON T.,
AGED 40 YEARS
S/O. ARUMUGHAN, KAKKERY HOUSE, PILASSERY POST,
KANNAMANGALAM (VIA), KOZHIKOD 673 571.
HEAD CLERK/ACCOUNTANT, KOZHIKODE DISTRICT ELECTRICITY
BOARD EMPLOYEES CO-OPERATIVE SOCIETY LTD., D 2410,
GANDHI ROAD, CALICUT BEACH P.O, KOZHIKODE-673 032.
2 PRIMITH A.P,
AGED 30 YEARS
S/O. PREMAN, KESAVA BHAVAN, KUTTAMPALLY (VIA),
KOLLA P.O, QUILANDY,
KOZHIKODE 673 307.,
SENIOR CLERK, KOZHIKODE DISTRICT ELECTRICITY BOARD
EMPLOYEES CO-OPERATIVE SOCIETY LTD., D 2410,
GANDHI ROAD, CALICUT BEACH P.O, KOZHIKODE-673 032.
BY ADVS.
K.T.THOMAS
MATHEW B. KURIAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF JOINT REGISTRAR OF CO-OPERATIVEV
SOCIETIES, CIVIL STATION, KOZHIKODE 673 032.
3 CO-OPERATIVE SERVICE EXAMINATION BOARD,
KERALA STATE CO-OPERATIVE BANK BUILDING,
OVERBRIDGE, THIRUVANANTHAPURAM-695 001,
REP. BY ITS SECRETARY.
WP(C) NO. 22036 OF 2021
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4 THE MANAGING COMMITTEE,
KOZHIKODE DISTRICT ELECTRICITY BOARD EMPLOYEES CO-
OPERATIVE SOCIETY LTD., D 2410,
GANDHI ROAD, CALICUT BEACH P.O, KOZHIKODE-673 032,
REP. BY ITS PRESIDENT.
5 KOZHIKODE DISTRICT ELECTRICITY BOARD EMPLOYEES CO-
OPERATIVE SOCIETY LTD., D 2410,
GANDHI ROAD, CALICUT BEACH P.O, KOZHIKODE-673 032,
REP. BY ITS SECRETARY.
GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 22036 OF 2021
3
JUDGMENT
Petitioners, two in number, approached this Court for the
following reliefs:
i. To issue appropriate writ order or direction declaring
that the respondents 4 and 5 are bound to fill up the post of
Assistant Secretary in the society by promotion.
ii. To issue a writ of certiorari or other appropriate order
or direction quashing Ext.P2 notification issued by the 3 rd
respondent to the extent it provides for filling up the post of
Assistant Secretary in the 5th respondent society.
iii. To issue a writ of mandamus or other appropriate order
or direction directing the respondents 4 and 5 to fill up the
post of Assistant Secretary in the society by promotion
expeditiously.
iv. To issue a writ of mandamus or other appropriate order
or direction directing the 2nd respondent to consider and pass
orders on Ext.P5 and P6 representations submitted by the
petitioners, expeditiously.
v. To issue a writ of mandamus or other appropriate
order or direction restraining respondents 3 to 5 from filling
up the post of Assistant Secretary in the 5 th respondent
society by direct recruitment.
2. They are the employees of Kozhikode District
Electricity Board Employees Co-operative Society and working as
WP(C) NO. 22036 OF 2021
Accountant/Head Clerk in the Thamarassery branch and as senior
clerk in Vadakara branch respectively. The first petitioner is a
graduate in Arts (B.A Econ) with Higher Diploma in Co-operation
and the second petitioner is a graduate in Commerce (B.com)
with Co-operation as main subject. As per Ext.P1 staff pattern
there are posts of Secretary, Assistant Secretary/Manager, Chief
Accountant/Chief Cashier, Internal Auditor one each and Head
Clerk/Accountant-4, Junior Clerk/Senior Clerk/Cashier-14,
Typist/Data Entry Operator-2, Attender-2, Peon-3, Night
Watchman-1 and Part-Time Sweeper-1. Despite having the
number of sanctioned posts, the society is only working with 14
staff whereas the remaining 17 posts are unfilled. Since the
petitioners fulfilled the qualification for being promoted to
Assistant Secretary had submitted representations way back in
August 2021 Ext.P3 to the President and Exts.P4 dated
16.08.2021, P5 and P6 dated 13.09.2021 to the 2nd respondent,
but no action has been taken.
3. Learned counsel for the petitioner submits that
petitioners would be satisfied in case the writ petition is disposed
of by issuing directions to respondents for disposal of the
WP(C) NO. 22036 OF 2021
representation in accordance with law. Without expressing any
opinion on the merits of the matter, I dispose of the writ petition
by issuing directions to 2nd respondent to dispose of the
representation Exts.P5 and P6 in accordance with law after
affording an opportunity of hearing to the petitioner either
through virtual or physical mode within a period of three months
from the date of receipt of the copy of this judgment.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C) NO. 22036 OF 2021
APPENDIX OF WP(C) 22036/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 03.07.2017
ISSUED BY 2ND RESPONDENT.
Exhibit P1(A) ENGLISH TRANSLATION OF ORDER DATED
03.07.2017 ISSUED BY 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED
03.08.2021 ISSUED BY THE 3RD RESPONDENT.
Exhibit P2(A) TRUE COPY OF THE RELEVANT ENGLISH
TRANSLATION OF THE NOTIFICATION DATED
03.08.2021 ISSUED BY THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
16.08.2021 SUBMITTED BY THE 1ST
PETITIONER.
Exhibit P3(A) TRUE COPY OF THE ENGLISH TRANSLATION OF
THE REPRESENTATION DATED 16.08.2021
SUBMITTED BY THE 1ST PETITIONER.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
16.08.2021 SUBMITTED BY THE 2ND
PETITIONER.
Exhibit P4(A) TRUE COPY OF THE ENGLISH TRANSLATION OF
THE REPRESENTATION DATED 16.08.2021
SUBMITTED BY THE 2ND PETITIONER.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
13.09.2021 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P5(A) TRUE COPY OF THE ENGLISH TRANSLATION OF
THE REPRESENTATION DATED 13.09.2021
SUBMITTED BY THE 1ST PETITIONER BEFORE
THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
13.09.2021 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6(A) TRUE COPY OF THE ENGLISH TRANSLATION OF
THE REPRESENTATION DATED 13.09.2021
SUBMITTED BY THE 2ND PETITIONER BEFORE
THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
31.08.2021 SUBMITTED BY THE 1ST
PETITIONER TO THE 3RD RESPONDENT.
Exhibit P7(A) TRUE COPY OF THE ENGLISH TRANSLATION OF
WP(C) NO. 22036 OF 2021
THE REPRESENTATION DATED 31.08.2021
SUBMITTED BY THE 1ST PETITIONER TO THE
3RD RESPONDENT.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED
31.08.2021 SUBMITTED BY THE 2ND
PETITIONER TO THE 3RD RESPONDENT.
Exhibit P8(A) TRUE COPY OF THE ENGLISH TRANSLATION OF
THE REPRESENTATION DATED 31.08.2021
SUBMITTED BY THE 2ND PETITIONER TO THE
3RD RESPONDENT.
