Kerala High Court
Chummar A vs The Coastal Urban Co-Operative ... on 1 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 1st day of February 2022 / 12th Magha, 1943
WA NO. 132 OF 2022
AGAINST JUDGMENT DATED 09.12.2021 IN WP(C) 28174/2021 OF THIS COURT.
---
APPELLANT/PETITIONER:
CHUMMAR A.,CHIEF ACCOUNTANT,THE COASTAL URBAN CO-OPERATIVE
BANK LTD.NO.3036.,H.O.KOTTAMUKKU,KOLLAM-691 013.
BY ADV. SRI. P.N.MOHANAN
RESPONDENTS/RESPONDENTS:
1.THE COASTAL URBAN CO-OPERATIVE BANK LTD. NO. 3036,
REPRESENTED BY GENERAL MANAGER,H.O.KOTTAMMUKKU,KOLLAM-691 013.
2.THE MANAGING COMMITTEE OF COASTAL URBAN CO-OPERATIVE
BANK LTD.NO.3036,REPRESENTED BY CHAIRMAN,
H.O.KOTTAMMUKKU,KOLLAM-691 013.
3.LIZZY C.,ASSISTANT GENERAL MANAGER,THE COASTAL URBAN
CO-OPERATIVE BANK LTD.NO.3036,H.O.KOTTAMMUKKU,KOLLAM-691 013.
*ADDL.R4 IMPLEADED.
ADDL.R4:JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
CIVIL STATION P.O.,KOLLAM-691 003.
IS IMPLEADED AS ADDL.R4 AS PER ORDER DATED 1-2-2022
IN I.A.NO.1/2022 IN W.A.NO.132/2022.
BY SENIOR GOVERNMENT PLEADER SRI. B.UNNIKRISHNA KAIMAL FOR ADDL.R4.
tPrayer for interim relief in the Writ Appeal stating that in the
circumstances stated in he appeal memorandum, the High Court be pleased to
issue a direction to the respondents 1 and 2 to promote the appellant as
Assistant General Manager forthwith, pending disposal of the Writ Appeal.
This Writ Appeal coming on for orders on 01/02/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:
EXT.P2:A TRUE COPY OF THE ORDER DATED 25.3.2010
OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION.
EXT.P4:A TRUE COPY OF THE RELEVANT PORTION OF THE
SAID RESOLUTION (CR) NO.8 DATED 13.2.2021 OF THE BANK.
EXT.P5:A TRUE COPY OF THE LATEST SENIORITY LIST
AS ON 30.6.2020.
EXT.P6:A TRUE COPY OF THE RELEVANT PAGE OF THE SENIORITY LIST
PUBLISHED ON 24.1.2015.
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
=========================================
I.A No.1 of 2022
in
W.A No.132 of 2022
&
W.A No.132 of 2022
[arising out of the judgment dated 09.12.2021 in W.P(C) No.28174/2021]
=========================================
Dated this the 01st day of February, 2022
ORDER
I.A No.1 of 2022
in
W.A No.132 of 2022
Heard Sri.P.N.Mohanan, learned counsel appearing for the
applicant in I.A/appellant in the W.A and Sri.B.Unnikrishna Kaimal,
learned Senior Government Pleader appearing for R4 in the I.A.
2. This is an application to implead R4 in the I.A (Joint Registrar
of Co-operative Societies, Kollam), as additional respondent No.4 in this
Writ Appeal. The plea for impleadment is not opposed. Accordingly, it is
ordered that R4 in the I.A (Joint Registrar of Co-operative Societies
(General), Office of the Joint Registrar of Co-operative Societies, Civil
Station P.O, Kollam) will stand impleaded as additional respondent No.4
in the W.A.
Accordingly, the above I.A will stand disposed of.
I.A No.1 of 2022
in
W.A No.132 of 2022
&
W.A No.132 of 2022
W.A No.132 of 2022
Issue notices before admission to respondents 1 to 3 by speed post,
returnable within two weeks. Notice for additional R4 (Joint Registrar of
Co-operative Societies(General), Kollam), has been taken by the learned
Senior Government Pleader. Sri.P.N.Mohanan, learned counsel appearing
for the appellant will ensure that copy of the memorandum of this W.A
along with all the annexures thereto, is duly served on the learned Senior
Government Pleader, within a day or two.
2. The 4th respondent-Joint Registrar of Co-operative
Societies(General), will ascertain from R1 -Society and apprise this Court
as to whether R3 has been promoted either on temporary basis or regular
basis to the post of Assistant General Manager or whether she has been
given only additional charge in the said post of Assistant General
Manager, etc. and a copy of the proceedings/resolution of the
1st respondent-Society in that regard, regarding the abovesaid posting of
R3, should be made available for the perusal of this Court.
3. Sri.P.N.Mohanan, learned counsel appearing for the appellant
would submit that the disciplinary proceedings against the appellant was
I.A No.1 of 2022
in
W.A No.132 of 2022
&
W.A No.132 of 2022
closed by Ext.P-4 dated 13.02.2021, whereby the earlier punishment
imposed as per Ext.P-2, more particularly in the matter of loss of
seniority, was withdrawn as per Ext.P-4 and his seniority position was
restored and further that, althroughout the appellant was thereafter senior
to the 3rd respondent in the category of post like Accountant, as evident
from Exts.P-5 & P-6 seniority list, etc. Further that, both the appellant
and the 3rd respondent are holding post in the feeder category of Chief
Accountant and the next promotion post is Assistant General Manager
and that the method of appointment is only on the basis of seniority and
that therefore, the appellant has the legal right to be promoted to the post
of Assistant General Manager in preference to the 3 rd respondent. Further
that, respondents 1 & 2 have illegally given additional charge in the post of
Assistant General Manager to the 3rd respondent, overlooking the
seniority of the appellant, etc.
4. In the light of these submissions, it is ordered that in case the
3rd respondent has not so far been either temporarily or regularly
promoted to the post of Assistant General Manager, then she may not be
so promoted to the said post of Assistant General Manager, in preference
I.A No.1 of 2022
in
W.A No.132 of 2022
&
W.A No.132 of 2022
to the appellant. This order will be in force for a period of six weeks.
Respondents 1 & 2 will furnish instructions and may file affidavit in the
matter.
List the Writ Appeal in the Petition List on 11/03/2022.
Hand Over
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
vgd
01-02-2022 /True Copy/ Assistant Registrar
