Sherin K.Mathew vs The State Of Kerala
2021 Latest Caselaw 18494 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE AMIT RAWAL
 WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                      WP(C) NO. 3628 OF 2021
PETITIONERS:

    1    TIJO JOSE
         AGED 29 YEARS
         S/O.JOSE P.T., ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK, GANDHINAGAR, KADAVANTRA,
         KOCHIN 682 020
         RESIDING AT PALLIPARAMBIL (H), MEENKUNNAM,
         MUVATTUPUZHA, ERNAKULAM 686 672

    2    SHANI M.K.
         AGED 42 YEARS
         W/O.RASHEED K.M., ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK, GANDHINAGAR, KADAVANTRA,
         KOCHIN 682 020
         RESIDING AT KARIKKANAKUDIYIL (H), RANDAR P.O.,
         MUVATTUPUZHA, ERNAKULAM 686 673.

    3    SHINEEESH LAL
         AGED 33 YEARS
         S/O.MOHANAN P., ASSISTANT, KERALA STATE CO-OPERATIVE
         AGRICULTURAL AND RURAL DEVELOPMENT BANK,
         REGIONAL OFFICE, MALAPPURAM COURT ROAD,
         P.B.NO.18-676 505
         RESIDING AT PARAMBEERI (H), N.H.COLONY,
         ARIMBRA P.O., MALAPPURAM 673 638

    4    DIVYA K.
         AGED 34 YEARS
         W/O.BALASUBRAMANIAN M, ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD.,
         REGIONAL OFFICE, MALAPPURAM COURT ROAD,
         P.B.NO.18-676 505
         RESIDING AT MEPPALLIKKATTU (H), PATTERKADAVU P.O.,
         MALAPPURAM 676 519.
 WP(C) NO. 3628 OF 2021 & others

                            -2-


    5    DIVYA P.
         AGED 35 YEARS
         W/O.CHANDRABOSE PV, ASSISTANT, KERALA STATE CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK,
         REGIONAL OFFICE, MALAPPURAM COURT ROAD,
         P.B.NO.18-676 505
         RESIDING AT THAMBAPPRA (H), TRIKKALANGODE P.O.,
         MANJERI VIA, MALAPPURAM DT. 676 123.

    6    SREEVIDYA E.P.
         AGED 29 YEARS
         W/O.PRAVEEN T., ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK, REGIONAL OFFICE,
         MALAPPURAM COURT ROAD, P.B.NO.18-676 505
         RESIDING AT THUMBETHODI (H), KUVVAKKODE,
         KURAD P.O., MALAPPURAM 679 339

    7    SEEMEMA M.
         AGED 39 YEARS
         W/O.SHAMEER P.K., ASSISTANT, KERALA STATE CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK,
         REGIONAL OFFICE, MALAPPURAM COURT ROAD,
         P.B.NO.18-676 505
         RESIDING AT PUNNAKANDI (H), ERANHIKODE P.O.,
         KUNDUTHODE, EDAVANNA, MALAPPURAM 676 541.

    8    NISHA P.
         AGED 44 YEARS
         W/O.SABADEVAN (LATE), ASSISTANT, KERALA STATE CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK,
         REGIONAL OFFICE, KOPPAM, PALAKKAD 678 001
         RESIDING AT CHARAPARAMBU (H), CHITHALI P.O.,
         KUZHALMANNAM, PALAKKAD 678 702.

    9    RAGITHA K.R.
         AGED 25 YEARS
         D/O.K.N.RAJAN, ASSISTANT, KERALA STATE CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK
         LTD., INSTITUTE OF TRAINING AND MANAGEMENT,
         GANDHINAGAR, KADAVANTRA, COCHIN 682020
         RESIDING AT KADAVILPARAMBIL (H), ULIYANOOR P.O.,
         ALUVA 683 103.
 WP(C) NO. 3628 OF 2021 & others

                            -3-


   10    KIRAN RAJ V.T.
         AGED 29 YEARS
         S/O.V.K.THANKARAJ, ASSISTANT, KERALA STATE CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK-
         INSTITUTE TRAINING AND MANAGEMENT GANDHINAGAR,
         KADAVANTRA, COCHIN 682 020
         RESIDING AT THITTAYIL HOUSE,
         PANAMPILLY NAGAR LINK RD., KADAVANTRA, KOCHI 20.

   11    PADMAKUMAR M.
         AGED 27 YEARS
         S/O.A.THAMBAN NAIR, ASSISTANT, KERALA STATE CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK,
         REGIONAL OFFICE, KASARGOD 671 315
         RESIDING AT ADIYODI (H), KODAVALAM, PULLUR P.O.,
         KASARGOD (DT)-671 531.

   12    JAMSHEER P.A.
         AGED 37 YEARS
         S/O.ABDULLA, ASSISTANT, KERALA STATE CO-OPERATIVE
         AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.,
         REGIONAL OFFICE, KANNUR, THALAP P.O.,
         KANNUR (DT) 670 002
         RESIDING AT PALLACKAL (H), NELLIKKUNNU,
         PATHANPARA P.O., KANNUR (DT). 670 571.

   13    GIJESH A.
         AGED 31 YEARS
         S/O.MOHANAN A., ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, KANNUR,
         THALAP P.O., KANNUR (DT) 670 002
         RESIDING AT SOUPARNIKA (H), KOTTANICHERI,
         KANHIKODE P.O., KANNUR (DT) 670 592.

   14    DHANYA P.
         AGED 31 YEARS
         W/O.SHIJITH VENGAT, ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, KASARGOD,
         KANHANGAD P.O., KASARGOD (DT)671 315
         RESIDING AT MANIMANDIL (H), KADANGOD,
         THURUTHI P.O., KASARGOD (DT) 671 351
 WP(C) NO. 3628 OF 2021 & others

                            -4-


   15    RANJITHA P.V.
         AGED 27 YEARS
         W/O.RAMESH K.P., ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE,
         KASARGOD, KANHANGAD P.O., KASARGOD (DT). 671 315
         RESIDING AT MEETHALVALAPPIL (H), THEKKEKARA,
         UDUMA (P.O.), KASARGOD (DT). 671 319.

   16    MANJU V.C.
         AGED 41 YEARS
         W/O.SHAJAYLAL K.S., ASSISTANT, KERALA STATE CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK
         LTD., REGIONAL OFFICE, KOZHIKODE, KOZHIKODE P.O.,
         KOZHIKODE (DT) 673 001
         RESIDING AT KALLADASSERY (H), NORTH BEPUR P.O.,
         KOZHIKODE (DT) 673 015

   17    VISHNU S.B.
         AGED 30 YEARS
         S/O.BALAN P.C., ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, KOZHIKODE,
         KOZHIKODE P.O., KOZHIKODE (DT) 673 001
         RESIDING AT MADARAMBATH (H), IYYAD P.O.,
         KOZHIKODE (DT) 673 587

   18    ABHINAYA P.P.
         AGED 32 YEARS
         W/O.KALESH KUMAR, ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, KANNUR,
         THALAP P.O., KANNUR (DT)-670002
         RESIDING AT PAZHASIPUTHIYAPURAYIL,
         KANOOL P.O., KANNUR (DT). 670 564.

   19    BAJITHA P.
         AGED 37 YEARS
         W/O.ROOPESH M.K., ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, KOZHIKODE,
         KOZHIKODE P.O., KOZHIKODE (DT) 673 001
         RESIDING AT PANANGAL (H), MUTTANCHERRY (P.O.),
         KOZHIKODE (DT). 673 585
 WP(C) NO. 3628 OF 2021 & others

                            -5-


   20    SEEMA P.
         AGED 42 YEARS
         W/O.VINOD KUMAR C.P., ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, KANNUR,
         THALAP P.O., KANNUR (DT) 670002
         RESIDING AT KAMBRATH (H), BEHIND AYODHYA
         AUDITORIUM, PAYYANNUR P.O., KANNUR (DT) 670 307.

   21    BINDHU K.P.
         AGED 43 YEARS
         W/O.PAVITHRAN K.P., ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, KOZHIKODE,
         KOZHIKODE P.O., KOZHIKODE (DT) 673 001
         RESIDING AT KUZHINCHAVATTAMKUNIYIL (H),
         CHAMBALA P.O., KOZHIKODE (DT).673 308.

   22    JAYA U.K.
         AGED 39 YEARS
         W/O.RAJESH V., ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, KOZHIKODE,
         KOZHIKODE P.O., KOZHIKODE (DT) 673 001
         RESIDING AT PVS ORCHID GARDEN, F-BLOCK G-III,
         KUTHIRAVATTAM P.O., KOZHIKODE (DT). 673 016.

   23    SALINI M.S.
         AGED 40 YEARS
         W/O.SURESH P.B., ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, WAYANAD,
         KALPETTA P.O., WAYANAD (DT). 673 121
         RESIDING AT MANKULAMPARAMBIL (H), NEERVARALAM P.O
         PANAMARAM, WAYANAD (DT). 670 721.

   24    RAJANI P.G.
         AGED 34 YEARS
         W/O.M.K.SAJEEV, ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, WAYANAD,
         KALPETTA P.O., WAYANAD (DT). 673 121
         RESIDING AT MEETHAL (H), KARACHAL P.O.,
         WAYANAD (DT) 673 591.
 WP(C) NO. 3628 OF 2021 & others

                            -6-


   25    BINCY THOMAS P.T.
         AGED 37 YEARS
         W/O.VINUISSAC, ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, WAYANAD,
         KALPETTA P.O., WAYANAD (DT). 673 121
         RESIDING AT KURUNGATTIL (H), THOBARIMALA P.O.,
         WAYANAD (DT.) 673 592.

   26    JINCY N PAUL
         AGED 37 YEARS
         D/O.N I PAULOSE, ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, WAYANAD,
         KALPETTA P.O., WAYANAD (DT). 673 121
         RESIDING AT NEELANGAL (H), PUTHANKUNNU P.O.,
         MAKKUTTY, WAYANAD (DT). 673 595.

   27    USHA M.K.
         AGED 40 YEARS
         W/O.ANIL KUMAR, ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, WAYANAD,
         KALPETTA P.O., WAYANAD (DT). 673 121
         RESIDING AT SAYOOJYAM (H), MANICHIRA,
         POOMALA P.O., SULTHANBATHERY,
         WAYAND (DT). 673 592.

   28    LINI B. THOMAS
         AGED 24 YEARS
         D/O.BABU THOMAS, ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., REGIONAL OFFICE, ALAPPUZHA,
         SOUTH OF TDHSS, ALAPPUZHA 688 011
         RESIDING AT CHIRAMEL HOUSE, MUTTOM P.O., HARIPAD,
         ALAPPUZHA 690 511
 WP(C) NO. 3628 OF 2021 & others

                            -7-


   29    DELETED AND LATER RESTORED, SUNITHA K. NAIR
         AGED 36 YEARS
         W/O.VINOD KUMAR V., ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD.,
         REGIONAL OFFICE, ALAPPUZHA 688 011
         RESIDING AT KOTHERIL HOUSE, AKAMKUDY P.O.,
         NANGARKULANGARA, ALAPPUZHA 690 513.

         PETITIONER NO.29 SMT.SUNITHA K.NAIR, IS DELETED
         FROM THE PARTY ARRAY OF THE WP(C), AS PER ORDER
         DATED 08-03-2021 IN IA 1/2021 IN WP9C)3628/2021,

         PETITIONER NO.29 SMT.SUMITHA.K.NAIR, WHO WAS
         EARLIER DELETED FROM THE PARTY ARRAY AS PER ORDER
         DATED 08-03-2021 IN IA 1/2021, IS RESTORED AS
         PETITIONER AS PER ORDER DATED 31-03-2021 IN IA
         3/2021 IN WP(C)IA 3/2021 IN WP(C)3628/2021

   30    ANUMOL P.K.
         AGED 42 YEARS
         W/O.ROY SEBASTIAN, ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD.,
         REGIONAL OFFICE, IDUKKI, CHERUTHONY 685 602
         RESIDING AT KOCHUPURACKAL HOUSE,
         CALVARYMOUNT P.O., DOUBLE CUTTING, IDUKKI (DT).
         PIN CODE 685 515

   31    SUNITHA KUMARI B.(DELETED)
         W/O.SUNU KUMAR K., ASSISTANT,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD., HEAD OFFICE-TRIVANDRUM
         RESIDING AT SUNU BHAVAN, ARAYOOR, AMARAVILA (VIA),
         AVAYOOR P.O., NEYYATTINKARA 695 122.

         PETITIONER NO.31 , SMT.SUNITHA KUMARI IS DELETED
         FROM THE PARTY ARRAY OF THIS WP(C), AS PER ORDER
         DATED 31-03-2021 IN IA 3/2021 IN WP(C)3628/2021.
 WP(C) NO. 3628 OF 2021 & others

                                -8-


   32       MARIA LAWRENCE
            AGED 29 YEARS
            D/O.LAWRENCE VARGHESE, ASSISTANT,
            KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
            DEVELOPMENT BANK LTD., REGIONAL OFFICE, ERNAKULAM
            GANDHINAGAR, KOCHI 682 020
            RESIDING AT EDATHATTEL HOUSE, KAVAKKAD P.O.,
            MUVATTUPUZHA, ERNAKULAM 686 668.

            BY ADVS.
            KALEESWARAM RAJ
            SRI.VARUN C.VIJAY



RESPONDENTS:

    1       STATE OF KERALA
            REP.BY ITS SECRETARY TO GOVERNMENT,
            DEPARTMENT OF AGRICULTURE (DAIRY), SECRETARIAT,
            THIRUVANANTHAPURAM 695 001.

    2       KERALA STATE CO-OPEARTIVE AGRICULTURAL AND RURAL
            DEVELOPMENT BANK LTD.
            REP.BY ITS MANAGING DIRECTOR, P.B.NO.56,
            STATUE JUNCTION, THIRUVANANTHAPURAM 695 001.

    3       MANAGING DIRECTOR
            KERALA STATE CO-OPEARTIVE AGRICULTURAL AND RURAL
            DEVELOPMENT BANK LTD., P.B.NO.56,
            STATUE JUNCTION, THIRUVANANTHAPURAM 695 001.

            BY ADV SMT.NISHA GEORGE

            GP SRI JIMMY GEORGE




     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 08.09.2021 ALONG WITH WP(C) NOS.17435/2020 &
1/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3628 OF 2021 & others

                            -9-




         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
           THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                  WP(C) NO. 17435 OF 2020
PETITIONERS:

    1    SHERIN K.MATHEW
         AGED 35 YEARS
         D/O. K.T. MATHEW, AGRICULTURAL OFFICER,
         KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
         DEVELOPMENT BANK LTD AT PANAMARAM,
         WAYANAD DISTRICT 670 645.

    2    DIVYA K.S,
         AGED 35 YEARS
         D/O. K.V. SUNNY,
         AGRICULTURAL OFFICER, KERALA STATE CO-OPERATIVE
         AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD AT
         VYTHIRI PCA AND RDB, POSTED AT KALPATTA,
         WAYANAD DISTRICT 670 645.

         BY ADVS.
         P.SANJAY
         SMT.A.PARVATHI MENON
         SRI.KIRAN NARAYANAN
         SHRI.PRASOON SUNNY
         SHRI.RAHUL RAJ P.



RESPONDENTS:

    1    THE STATE OF KERALA
         REPRESENTED BY SECRETARY DEPARTMENT OF CO-
         OPERATION, JAWAHAR SAHAKARNA BHAVAN, DPI JUNCTION,
         THYCAUD (P.O.), THIRUVANANTHAPURAM 695 014.
 WP(C) NO. 3628 OF 2021 & others

                                   -10-


    2          THE PRESIDENT,
               THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND
               RURAL DEVELOPMENT BANK LTD.,
               THIRUVANANTHAPURAM 695 001.

    3          THE KERALA STATE CO-OPERATIVE
               AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD,
               THIRUVANANTHAPURAM -695 001
               REPRESENTED BY ITS MANAGING DIRECTOR.

    4          THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
               JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
               THYCAUD (P.O.), THIRUVANANTHAPURAM 695 014.

               BY ADV SMT.NISHA GEORGE




        THIS     WRIT   PETITION   (CIVIL)    HAVING    COME   UP   FOR
ADMISSION       ON   08.09.2021,   ALONG   WITH   WP(C).3628/2021   AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 3628 OF 2021 & others

                            -11-




         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
           THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                    WP(C) NO. 1 OF 2021
PETITIONERS:

    1    SHINIL LUKOSE
         AGED 30 YEARS
         AGRICULTURAL OFFICER,
         IRINJALAKUDA PRIMARY CO-OPERATIVE AGRICULTURAL
         AND RURAL DEVELOPMENT BANK,
         RESIDING AT KOKKARVALAYIL HOUSE, VADYAMPALLY P.O.
         ERNAKULAM 682 308.

    2    ABHA. S. SANTHAM,
         AGRICULTURAL OFFICER, ALAPPUZHA PRIMARY CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
         BANK, RESIDING AT LAZEROUS BUNGALOW,
         ADAVACHAPARA, POOVACHAL P.O.
         THIRUVANANTHAPURAM 695 575.

    3    APARNA.P.A,
         AGED 28 YEARS
         AGRICULTURAL OFFICER, KOZHIKODE PRIMARY CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
         BANK, RESIDING AT PRAMANIMEETHAL HOUSE,
         CHOOLUR P.O. CALICUT 673 601.

    4    MONIKA. S.M.,
         AGRICULTURAL OFFICER, KARTHIKAPPALLY PRIMARY CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
         BANK, RESIDING AT SYAMU NIVAS,
         KANNAMANGALAM (NORTH), CHETTIKULANGARA P.O.,
         MAVELIKKARA, ALAPPUZHA 690 106.
 WP(C) NO. 3628 OF 2021 & others

                            -12-


    5    KARTHIK.P.,
         AGRICULTURAL OFFICER,
         THALAPPILLY PRIMARY CO-OPERATIVE AGRICULTURAL AND
         RURAL DEVELOPMENT BANK,
         RESIDING AT PARAKKAT HOUSE, MANKADA P.O.,
         MALAPPURAM 679 324.

    6    ATHIRA.V.S,
         AGRICULTURAL OFFICER, NALLAPPALLY PRIMARY CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
         BANK, RESIDING AT VAZHERPARAMBIL HOUSE,
         MANNAMKANDOM P.O., IDUKKI 685 561.

    7    TINCY REICHEL THOMAS,
         AGRICULTURAL OFFICER, ADOOR PRIMARY CO-OPERATIVE
         AGRICULTURAL AND RURAL DEVELOPMENT BANK, RESIDING
         AT CHARUVILA PUTHEN VEEDU, KULAKKADA EAST P.O.
         KOLLAM 691 521.

    8    AMITHA.S.,
         AGRICULTURAL OFFICER, PATHANAMTHITTA PRIMARY CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
         BANK, RESIDING AT SREESHYLAM HOUSE, MANNADY P.O.
         PATHANAMTHITTA 691 530.

    9    RANJITH K.C.,
         AGRICULTURAL OFFICER, KASARAGOD PRIMARY CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
         BANK, RESIDING AT CHANDHANADUKKAM HOUSE,
         KARADKA P.O. KASARAGOD 671 542.

   10    MANEESH P. MOHANAN,
         AGRICULTURAL OFFICER, KUNNATHUNADU PRIMARY CO-
         OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
         BANK, RESIDING AT PALAKKUNNEL HOUSE,
         PALARIMANGALAM P.O. ADIVAD 686 671.

         BY ADVS.
         M.R.ANISON
         SMT.V.BHARGAVI (PANANGAD)
         SMT.P.A.RINUSA
 WP(C) NO. 3628 OF 2021 & others

                                   -13-



RESPONDENTS:

    1          STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
               OF CO-OPERATION, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM 695 001.

    2          THE KERALA STATE CO-OPERATIVE
               AGRICULTURAL AND RURAL DEVELOPMENT BANK,
               REPRESENTED BY ITS SECRETARY,
               AGRICULTURAL DEVELOPMENT BANK BUILDING,
               STATUE, THIRUVANANTHAPURAM 695 001.

    3          THE REGISTRAR OF CO-OPERATIVE SOCIETIES
               THIRUVANANTHAPURAM 695 001.

               BY ADV SMT.NISHA GEORGE




        THIS     WRIT   PETITION   (CIVIL)    HAVING    COME   UP   FOR
ADMISSION       ON   08.09.2021,   ALONG   WITH   WP(C).3628/2021   AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 3628 OF 2021 & others

                                   -14-



                            JUDGMENT

Three writ petitions are disposed of by this

common judgment.

2. Petitioners in W.P(C).No.3628/2021 are

daily wages employees whereas the petitioners in

the other two writ petitions are contractual

employees. Petitioners in W.P(C).Nos.1/2021 and

3628/2021 assailed the order dated 21.11.2020 of

the Managing Director, Kerala State Co-operative

Agricultural and Rural Development Bank whereby,

their claim/prayer for regularisation of service,

in the absence of any policy of Government for

regularisation of daily wages or contractual

employees, has been rejected. Order dated

29.6.2016 issued by the Government rejecting the

same claim of the petitioners therein is challenged

in W.P(C).17435/20.

3. Learned counsel appearing on behalf of the

petitioners submit that all the petitioners have WP(C) NO. 3628 OF 2021 & others

been working either on daily wages or contractual

basis for the last 7-10 years. Request has already

been submitted to the Kerala Public Service

Commission for filling up the regular posts. Though

the petitioners are not aware of the sanctioned

posts, they have an apprehension that they would be

replaced by regular appointees.

4. Respondents, owing to counter

affidavit, have not objected to the continuance of

petitioners on daily wages till the regular PSC

hands are appointed. But, there is no such policy

framed by the Government for regularization as it

would be against the mandate of provisions of

Section 80 (3A) of Kerala Co-operative Societies

Act. Mr.George Poonthottam, learned counsel for the

bank do not deny such averments in the counter

filed in W.P.(C) No.3628/2021. He submits that

there are umpteen number of judgments reiterating

the view expressed by Hon'ble Supreme Court in the

case of Umadevi vs. State of Karnataka [2006 (1)SCC WP(C) NO. 3628 OF 2021 & others

1], whereby specific directions have been issued

not to regularize any irregular appointees or those

appointed on contract/daily wages, depriving the

qualified persons to apply for such posts. It is

only the Government which is vested with the power

to come out with the policy for regularization of

the daily wages or contractual employees. As of now

there is no such policy. As and when any such

policy would come, there would be no difficulty for

the Co-operative bank to take a call on the same.

5. I have heard counsel for the parties

and appraised the paper books.

6. The facts as noticed above are not in

dispute. The relief for regularization in view of

the judgment relied by respondent in Umadevi's case

(supra), where there is clear cut direction not to

regularise the service of irregular appointees,

daily wages or contractual, depriving the qualified

persons to compete for the posts. Request has been

made to the Kerala Public Service Commission for WP(C) NO. 3628 OF 2021 & others

appointment of 14 regular appointees and the

outcome of the same is yet to be asserted. Be that

as it may, as of now there is no policy of the

Government directing the regularization of service

of the daily wages or contractual employees working

in various departments including the Co-operative

banks. If at all there are some policies pertaining

to certain department, there would be no difficulty

for any of the employers to regularize such

employees. For the time being the bank has assured

that the daily wages would continue to work. As far

as the contractual employees is concerned there is

no such assurance but it is settled law as per the

judgment rendered by Supreme Court in Hargurpratap

Singh V.State of Punjab [2007 (13) SCC 292], that

even on the cessation, contractual employees cannot

be replaced with other set of contractual employees

and on appointment of regular incumbents, principle

of last come first go is to be followed. It is not

surfaced on record that whether the contractual WP(C) NO. 3628 OF 2021 & others

employees would be replaced by the regular

appointees. Be that as it may, so long so the

regular appointees do not replace with the

contractual employees, the service conditions of

contractual employees shall continue, subject to

availability of post or work.

I do not find any illegality or perversity

in the impugned orders declining the regularisation

of the petitioners, for the time being. I uphold

the impugned orders. With the observations

aforementioned, writ petitions are disposed of.

Sd/-

AMIT RAWAL JUDGE hmh WP(C) NO. 3628 OF 2021 & others

APPENDIX OF WP(C) 3628/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT LETTER PERTAINING TO THE 4TH PETITIONER

EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 30.12.2019 TO THE POST OF ASSISTANT, NOTIFIED AS CATEGORY NO.401/2019 ISSUED BY THE PSC.

EXHIBIT P3 TRUE COPY OF THE ANNUAL STATEMENT OF PROVIDENT FUND ACCOUNT PERTAINING TO THE 4TH PETITIONER.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 17.2.2020 IN W.P.(C).NO.4463/2020

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 13.7.2020 SUBMITTED BY THE PETITIONER NOS. 1 TO 15 BEFORE THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 13.7.2020 SUBMITTED BY PETITIONER NOS. 16 TO 32 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 22.7.2020 IN W.P.(C).NO.14461/2020

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 21.11.2020 ISSUED BY THE 3RD RESPONDENT.

RESPONDENT EXHIBITS NIL WP(C) NO. 3628 OF 2021 & others

APPENDIX OF WP(C) 17435/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT PROCEEDINGS, OF THE 3RD RESPONDENT BANK DATED 17.03.2010 BEARING NUMBER EI/RT/E.M.-EX / 2007-08.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 3RD RESPONDENT DATED 21.02.2010 NUMBERED AS EI/R4/EM/EX/2007-8.

EXHIBIT P3 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED TO THE 1ST PETITIONER BY THE GENERAL MANAGER OF 3RD RESPONDENT BANK DATED 12.06.2020 NUMBERED AS EI/EMPL CERT/2018.

EXHIBIT P4 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED TO THE 1ST PETITIONER BY THE GEENRAL MANAGER OF 3RD RESPONDENT BANK DATED 08.06.2020 NUMBERED AS EI/EMPL .CERT/2018.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 05.06.2015.

EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE 3RD RESPONDENT'S BOARD MEETING DATED 27.11.2014.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT DATED 08.07.2015 IN WPC 19670 OF 2015.

EXHIBIT P8 TRUE COPY OF THE ORDER NO. 373/2016/SAHA OF THE 1ST RESPONDENT DATED 29.06.2016 NUMBERED AS 373/2016/SAHA.

WP(C) NO. 3628 OF 2021 & others

EXHIBIT P9 TRUE COPY OF THE RECENT NOTIFICATION FOR CATEGORY NUMBER 398/19 ISSUED BY THE 3RD RESPONDENT FOR APPOINTMENT AS AGRICULTURAL OFFICERS DATED 30.12.2019.

EXHIBIT P10 TRUE COPY OF THE 1ST PETITIONER'S REPRESENTATION TO THE 1ST RESPONDENT DATED 15.07.2020.

EXHIBIT P11 TRUE COPY OF 2ND PETITIONERS REPRESENTATION TO HE 1ST RESPONDENT DATED 17.07.2020.

RESPONDENT NIL EXHIBITS WP(C) NO. 3628 OF 2021 & others

APPENDIX OF WP(C) 1/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 05.12.2013.

EXHIBIT P1 (A) TRUE COPY OF THE NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 15.05.2015.

EXHIBIT P1 (B) TRUE COPY OF THE MEMO DATED 03.07.2012 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P1 (C) TRUE COPY OF THE COMMUNICATION DATED 28.07.2012 DEPUTING 1ST PETITIONER FOR THE TRAINING PROGRAMME ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P1 (D) TRUE COPY OF THE PROCEEDINGS DATED 01.08.2012 APPOINTING THE 1ST PETITIONER TO AGRICULTURAL ASSISTANT POST ISSUED BY THE 2ND RESPONDENT ALONG WITH THE COPY OF THE AGREEMENT.

EXHIBIT P2 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 27.02.2019 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE G.O. (RT) NO.

24/2018/CO-OP . DATED 2.07.2018 PUBLISHING RECRUITMENT RULES OF 2ND RESPONDENT BANK.

EXHIBIT P4 TRUE COPY OF THE REGULATIONS ORDER (G.O.

(P) NO. 33/2016/CO-OP. DATED 1.03.2016 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS IN JANUARY 2020 BEFORE THE 2ND RESPONDENT. WP(C) NO. 3628 OF 2021 & others

EXHIBIT P6 TRUE COPY OF PROCEEDINGS BEARING NO.

LEGAL/W.P.C NO. 4463/2020 DATED 21.11.2020 ISSUED BY THE 2ND RESPONDENT REJECTING EXT. P5 REPRESENTATION.

RESPONDENT EXHIBITS NIL WP(C) NO. 3628 OF 2021 & others

APPENDIX OF WP(C) 3628/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT LETTER PERTAINING TO THE 4TH PETITIONER

EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 30.12.2019 TO THE POST OF ASSISTANT, NOTIFIED AS CATEGORY NO.401/2019 ISSUED BY THE PSC.

EXHIBIT P3 TRUE COPY OF THE ANNUAL STATEMENT OF PROVIDENT FUND ACCOUNT PERTAINING TO THE 4TH PETITIONER.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 17.2.2020 IN W.P.(C).NO.4463/2020

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 13.7.2020 SUBMITTED BY THE PETITIONER NOS. 1 TO 15 BEFORE THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 13.7.2020 SUBMITTED BY PETITIONER NOS. 16 TO 32 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 22.7.2020 IN W.P.(C).NO.14461/2020

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 21.11.2020 ISSUED BY THE 3RD RESPONDENT.