Kerala High Court
T. Sivadasan vs The Joint Registrar Of ... on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 2459 OF 2021
PETITIONER/S:
SREEKALA P.
AGED 32 YEARS
D/O.KUNHIRAMAN, ELEZHATH HOUSE,
ADOOR, KADACHIRA P.O., KANNUR DISTRICT.
BY ADVS.
M.SASINDRAN
SRI.P.SHAHEED
RESPONDENTS :
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
KANNUR-670 001.
2 THE KADACHIRA SERVICE CO-OPERATIVE BANK,
KADACHIRA, EDAKKAD, KANNUR DISTRICT-670 621,
REPRESENTED BY ITS SECRETARY.
3 THE BOARD DIRECTORS OF THE KADACHIRA SERVICE CO-
OPERATIVE BANK,
KADACHIRA, EDAKKAD, KANNUR DISTRICT-670 621,
REPRESENTED BY ITS PRESIDENT.
4 VARNIMA PRADEEP,
D/O.PRADEEPKUMAR, ADOOR, KADACHIRA,
EDAKKAD, KANNUR DISTRICT-670 621.
BY ADVS.SMT SURYA BINOY, SR.GP
SRI.CIBI THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, ALONG WITH WP(C).6245/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS.2459 & 6245 OF 2021 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 6245 OF 2021
PETITIONER/S :
T. SIVADASAN
AGED 69 YEARS
S/O. NARAYANAN NAMBIAR, PRESIDENT,
KADACHIRA SERVICE COOPERATIVE SOCIETY,
KADACHIRA, KANNUR (DT), RESIDING AT SREENIKETAN,
IRIVERI P. O., KANNUR - 670 621.
BY ADV. CIBI THOMAS
RESPONDENTS :
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
KANNUR - 670001.
2 SREEKALA P.
AGED 32 YEARS
D/O. KUNHIRAMAN, ELEZHATH HOUSE,
KADACHIRA P. O., KANNUR - 670 621.
BY ADV SRI.M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2022, ALONG WITH WP(C).2459/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOS.2459 & 6245 OF 2021 3
JUDGMENT
Smt. Varnima Pradeep, the 4th respondent in W.P.(C) No.2459/2021
was appointed to the post of Peon in the Kadachira Service Co-operative
Bank. W.P.(C) No. 2459/2021 is filed challenging the action taken by the
respondents 2 and 3 in appointing the 4th respondent without notifying the
post and by conducting a selection process. The petitioner contends that in
spite of the issuance of Ext.P4 order by the 1st respondent, the 2nd
respondent is permitting the 4th respondent to continue in service. It is on
these assertions that the above writ petition is filed seeking the following
reliefs:
i) issue a writ of mandamus or any other writ or order to the 1st
respondent to take immediate action against the respondents 2
and 3 for implementation of the Ext.P4 order.
ii) to command the respondents 2 and 3 to comply with Ext.P4
order forthwith.
iii) to command the first respondent to initiate action under Section
32 of the Act on refusal of the 3rd respondent to comply with the
Ext.P4 order.
iv) to declare that the appointment of the 4th respondent in excess
of the notified vacancy and in excess of the sanctioned strength is
illegal and invalid.
v) to command the respondents 2 and 3 to conduct selection
process for filling up any vacancies existing or arising.
vi) to call for the resolution No.7 dated 30.12.2020 of the 3rd
respondent committee and set aside the same by issuing
appropriate writ or order.
2. W.P.(C) No.6245/2021 is filed by the President of the Kadachira
Service Co-operative Bank challenging Ext.P3 order (Ext.P4 in W.P.(C)
No.2459/2021) and for a further direction to the 1st respondent therein to
accept and recognise the appointments made on the basis of Ext.P2 rank
list.
3. When these writ petitions were taken up for consideration, Sri. Ciby
Thomas, who appears for the Society, submitted that the service of
Smt. Varnima Pradeep has been terminated. It is submitted that in view of
the above, the prayers sought for in both the writ petitions have become
infructuous.
4. Sri. M. Sasindran, the learned counsel appearing for the petitioner
in W.P.(C) No.2459/2021 submitted that the submission made by Sri. Ciby
Thomas can be recorded and these writ petitions can be dismissed as
infructuous leaving open all the contentions.
Accordingly, the submission made by Sri. Ciby Thomas, the learned
counsel is recorded and these writ petitions are dismissed as infructuous.
The contentions are left open.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
APPENDIX OF WP(C) 6245/2021
PETITIONER(S) EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION DATED
05.12.2019 PUBLISHED IN VEEKSHANAM DAILY
DATED 06.12.2019.
EXHIBIT P2 A TRUE COPY OF THE RANK LIST.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED
08.01.2021 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 18.01.2021
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT.
RESPONDENT(S) EXHIBITS : NIL
APPENDIX OF WP(C) 2459/2021
PETITIONER(S) EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION DATED
05.12.2019 PUBLISHED IN VEEKSHANAM DAILY
DATED 06.12.2019.
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED
13.11.2020 SUBMITTED BY THE PETITIONER
BEFORE THE ASSISTANT REGISTRAR.
EXHIBIT P3 A TRUE COPY OF THE STAFF PATTERN ORDER
DATED 10.02.2012 OF THE 2ND RESPONDENT
BANK, APPROVED BY THE JOINT REGISTRAR.
EXHIBIT P4 A TRUE COPY OF THE ORDER NO.4740/2020/CRP
DATED 08.01.2021 ISSUED BY THE 1ST
RESPONDENT.
RESPONDENT(S) EXHIBITS : NIL
