Praveen Kumar M vs P.S.Rajan
2022 Latest Caselaw 9870 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                   CON.CASE(C) NO. 846 OF 2022

 AGAINST THE JUDGMENT DATED 16.02.2022 IN WP(C) 5089/2022 OF HIGH
                          COURT OF KERALA
PETITIONER/PETITIONERS:


    1     PRAVEEN KUMAR M, AGED 48 YEARS, S/O. M. KUMARAN
          SENIOR MANAGER (FORMERLY AGRICULTURAL OFFICER)
          CREDIT PROCESSING CENTRE,
          KERALA STATE CO-OPERATIVE BANK,
          NAIKS ROAD, KASARGODE - 671 121,

    2     JOSENA JOSE, AGED 31 YEARS
          D/O. JOSE JOSEPH,
          SENIOR MANAGER (FORMERLY AGRICULTURAL OFFICER)
          CREDIT PROCESSING CENTRE,
          KERALA STATE CO-OPERATIVE BANK,
          KANNUR - 670 001.,

    3     VIDYA RESMI C.V, AGED 38 YEARS
          D/O.VAMADEVAN D
          SENIOR MANAGER (FORMERLY AGRICULTURAL OFFICER)
          CCMR DEPARTMENT, HEAD OFFICE,
          KERALA STATE CO-OPERATIVE BANK,
          CO-BANK TOWERS, PALAYAM,
          THIRUVANANTHAPURAM - 695 033.,

    4     SREEJESH T, AGED 43 YEARS
          S/O. T. BALACHANDRAN,
          SENIOR MANAGER (FORMERLY AGRICULTURAL OFFICER)
          CREDIT PROCESSING CENTRE,
          KERALA STATE CO-OPERATIVE BANK,
          KOZHIKODE - 673 002.,

    5     ASHA UNNI, AGED 42 YEARS, D/O. PUSHPODHARAN
          SENIOR MANAGER (FORMERLY AGRICULTURAL OFFICER)
          CREDIT PROCESSING CENTRE,
          KERALA STATE CO-OPERATIVE BANK,
          KALPETTA, WAYANAD - 673 122.,

    6     SARASWATHI K, AGED 48 YEARS, D/O. KAILASAM. K
          SENIOR MANAGER (FORMERLY AGRICULTURAL OFFICER)
          CREDIT PROCESSING CENTRE,
 CON.CASE(C) NO. 846 OF 2022   ..2..


         KERALA STATE CO-OPERATIVE BANK,
         THIRUVAMBADY P.O., THRISSUR - 680 022,

    7    ANISH KUMAR V, AGED 48 YEARS
         S/O. K. G. VASU PANICKER
         SENIOR MANAGER (FORMERLY AGRICULTURAL OFFICER)
         CREDIT PROCESSING CENTRE,
         KERALA STATE CO-OPERATIVE BANK,
         MYLAPRA ROAD, PATHANAMTHITTA - 689 645.,

    8    SINDHU T.S, AGED 48 YEARS
         D/O. T. R.SIVAN,
         SENIOR MANAGER (FORMERLY AGRICULTURAL OFFICER)
         CREDIT PROCESSING CENTRE,
         KERALA STATE CO-OPERATIVE BANK,
         KAKKANAD P.O., ERNAKULAM - 682 030,

    9    RAHUL CHANDRAN N.R, AGED 42 YEARS
         S/O. RAMACHANDRAN NAIR
         SENIOR MANAGER (FORMERLY PLANNING AND DEVELOPMENT
         OFFICER),
         ASSET MANAGEMENT DEPARTMENT,
         8TH FLOOR, CO-BANK TOWERS,
         VIKAS BHAVAN P.O.,
         THIRUVANANTHAPURAM - 695 033.,

         BY ADVS.
         M.U.VIJAYALAKSHMI
         BRIJESH MOHAN
         K.JAJU BABU (SR.)



RESPONDENT/RESPONDENTS 3 AND 4 IN WPC:

    1    P.S.RAJAN
         AGE AND FATHER'S NAME NOT KINOWN TO THE
         PETITIONER     CHIEF EXECUTIVE OFFICER, KERALA
         STATE CO-OPERATIVE BANK LTD., HEAD OFFICE, ,P.B.
         NO. 6515, CO-BANK TOWERS,   PALAYAM,
         THIRUVANANTHAPURAM-695033,

    2    K.C. SAHADEVAN
         AGE AND FATHER'S NAME NOT KINOWN TO THE
         PETITIONER     CHIEF GENERAL MANAGER, KERALA
         STATE CO-OPERATIVE BANK LTD., HEAD OFFICE, P.B.
         NO. 6515, CO-BANK TOWERS, PALAYAM,
 CON.CASE(C) NO. 846 OF 2022   ..3..


         THIRUVANANTHAPURAM-695 033, PIN - 695033

         BY ADV GILBERT GEORGE CORREYA, SC



     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 CON.CASE(C) NO. 846 OF 2022   ..4..




                       JUDGMENT

This Court, by Annexure-D judgment, directed the

1st respondent to consider and pass orders on Exts.P4 to

P12 representations therein submitted by the petitioners,

requesting the 1st respondent to publish the combined

seniority list of Senior Managers including Agricultural

Officers and to effect future promotions in the post of

Assistant General Manager from the said combined

seniority list, in accordance with law after hearing one of

the representatives of the petitioners, within a period of

one month from the date of receipt of a copy of the

judgment.

2. The contempt of court case is filed alleging that

the 1st respondent did not pass any orders pursuant to

Annexure-D judgment within the time stipulated therein

and without passing any orders in compliance with

Annexure-D judgment, promotions were made to the post CON.CASE(C) NO. 846 OF 2022 ..5..

of Assistant General Manager, overlooking the seniority of

the petitioners.

3. During the pendency of this contempt of court

case, the 1st respondent passed Annexure-I order dated

27.05.2022. According to the petitioners, Annexure-D

judgment has not been complied with in its letter and

spirit and that the filling up of the vacancies before

consideration of Exts.P4 to P12 representations amounts

to further flouting the directions of this Court in the said

judgment.

4. As directed by this Court, the 1 st respondent has

filed an affidavit, explaining the circumstances under

which Annexure-I order has been passed. On going

through Annexure-I order and the affidavit placed on

record by the 1st respondent, in as much as the 1st

respondent has considered Exts.P4 to P12

representations referred to in Annexure-D judgment and

passed Annexure-I order, I am of the view that the 1 st CON.CASE(C) NO. 846 OF 2022 ..6..

respondent is not guilty of any willful disobedience of the

directions in Annexure-D judgment for initiation of

proceedings under the Contempt of Courts Act, 1971.

Needless to say that, it will be open to the petitioners to

challenge Annexures-I, H and K orders, in accordance

with law.

The contempt of court case is closed accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB/31.08.2022 CON.CASE(C) NO. 846 OF 2022 ..7..

APPENDIX OF CON.CASE(C) 846/2022

PETITIONER ANNEXURES

Annexure A TRUE COPY OF THE GOVERNMENT ORDER VIDE NO.

G.O.(P) NO. 119/2021/CO-OP DATED 2.08.2021 PUBLISHING THE RECRUITMENT RULES FOR EMPLOYEES OF THE RESPONDENTS

Annexure B TRUE COPY OF GOVERNMENT ISSUED ORDER VIDE NO.GO(MS).NO.209/2010/CO.OP DATED 29.11.2010

*ANNEXURE B TRUE COPY OF GOVERNMENT ISSUED ORDER VIDE NO.GO(MS)NO.209/2010/CO.OP DATED 29.11.2010 [*EARLIER ANNEXURE B IS SUBSTITUTED BY FRESH ANNEXURE B AS PROVIDED IN IA 1/2022 AS PER ORDER DATED 02.06.2022 IN IA 1/2022 IN COC 846/22]

Annexure C TRUE COPY OF THE REPRESENTATION DATED 7.10.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE RESPONDENTS

Annexure D CERTIFIED OF THE JUDGMENT DATED 16.02.2022 IN W.P.(C).NO 5089/2022OF THIS HON'BLE COURT

Annexure E TRUE COPY OF THE HEARING NOTICE VIDE NO.KSCB/HR/6292/2021-22 DATED 18.03.2022 ISSUED TO THE 9TH PETITIONER

Annexure F TRUE COPY OF THE ARGUMENT NOTE DATED 21.03.2022 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.

Annexure G TRUE COPY OF THE NOTICE DATED 5.04.2022 ISSUED ON BEHALF OF THE PETITIONERS BEFORE THE RESPONDENTS.

Annexure H TRUE COPY OF THE ORDER VIDE NO.KSCB/HR/PROMOTIONS/333/2022-23 DATED 19.04.2022 ISSUED BY THE 2ND RESPONDENT

Annexure I TRUE COPY OF THE ORDER DATED 27.5.2022 ISSUED BY THE 1ST RESPONDENT TO THE 5TH PETITIONER CON.CASE(C) NO. 846 OF 2022 ..8..

Annexure J True copy of the order vide No.KSCB/HR/Promotions/2521/2022-23 dated 08.07.2022 issued by the 2nd respondent

Annexure K True copy of the order vide No.KSCB/HR/Promotions/2765/2022-23 dated 20.07.2022 issued by the 2nd respondent.