Sabeena Beegum vs The Kerala State Co-Operative ...
2022 Latest Caselaw 29 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                  &
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   MONDAY, THE 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
                        WA NO. 1681 OF 2021
AGAINST THE JUDGMENT IN WP(C).NO.25141/2021 OF THE HIGH COURT
                              OF KERALA
APPELLANT/PETITIONER:
          SABEENA BEEGUM, AGED 52,
          D/O. M.MUHAMMED IBRAHIM RAWTHER, SANTHOSH MANZIL,
          KARUVATTA, ADOOR, PATHANAMTHITTA -691 523.
            BY ADV SRI.V.PHILIP MATHEWS

RESPONDENTS/RESPONDENTS:

    1       THE KERALA STATE CO-OPERATIVE BANK LTD.,
            REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
            P.B.NO.6515, COBANK TOWERS, PALAYAM,
            THIRUVANANTHAPURAM-695 033.
    2       THE KERALA STATE CO-OPERATIVE BANK LTD.
            REPRESENTED BY ITS DEPUTY GENERAL MANAGER, CREDIT
            PROCESSING CENTRE, PATHANAMTHITTA-689 645.
    3       KERALA PUBLIC SERVICE COMMISSION,
            REPRESENTED BY ITS SECRETARY, PATTAM,
            THIRUVANANTHAPURAM-695 004.
    4       STATE OF KERALA, REPRESENTED BY SECRETARY,
            DEPARTMENT OF CO-OPERATION, KERALA GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM-695 001
    5       REGISTRAR OF CO-OPERATIVE SOCIETIES,
            DEPARTMENT OF CO-OPERATION, JAWAHAR SAHAKARANA
            BHAVAN, DPI JUNCTION, THYCAUD P.O.,
            THIRUVANANTHAPURAM-695014.
    6       SINDHU R., SENIOR ACCOUNTANT,
            THE KERALA STATE CO-OPERATIVE BANK LTD.,
            ENATHU BRANCH, PIN-691 526.
            SRI.GILBERT GEORGE CORREYA, SC FOR R1 & R2
            SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER
            SRI.P.C.SASIDHARAN,SC FOR R3

     THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
03.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A. No. 1681 of 2021

                                             2




         ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
 =================================================
                  W.A. No. 1681 of 2021
[arising out of the impugned judgment dated 12.11.2021 in WP(C) No.25141/2021]
==================================================
            Dated this the 3rd day of January, 2022

                                   JUDGMENT

ALEXANDER THOMAS, J.

The appellant herein has filed the instant Writ Petition (Civil)

WP(C).No.25141/2021 with the following prayers:

"i Issue appropriate writ or order, declaring that the Petitioner was eligible to get appointment as Typist with effect from 17.6.2005 and that she is entitled to get all service benefit as if she had joined service under the second respondent on 17-06-2005.

ii. Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents 1 to 4 to give due seniority and promotion to the Petitioner and all consequential service benefits, including salary treating the petitioner as an employee who joined service under second respondent with effect from 17.6.2005 as typist.

iii. Issue a writ of mandamus or other appropriate writ, order or direction directing 4th respondent to consider and pass appropriate orders on Exhibit P2 within a time limit to be specified by this Hon'ble Court. iv. Mould and grand such other reliefs which this Hon'ble Court deems just and necessary and that may be prayed for by the Petitioner while hearing the WP(C)."

2. The learned Single, after hearing both sides, has rendered the

impugned judgment on 12.11.2021 disposing of above WP(C) with liberty

to the petitioner to avail the alternate statutory remedy in terms of Sec.69

of the Kerala Co-operative Societies Act, 1969, and that in case she avails W.A. No. 1681 of 2021

the said remedy within 45 days from the date of receipt of a copy of the

judgment in the WP(C), then the objection of the respondents qua the

limitation would not be taken, etc. The appellant has now filed the instant

intra court appeal contending that the learned Single Judge ought not

have relegated the petitioner to seek the alternate remedy, and should

have adjudicated the matter on merits, etc.

3. Heard Sri.V.Philip Mathews, learned counsel appearing for

the writ appellant/writ petitioner, Sri.Gilbert George Correya, learned

Standing Counsel for the Kerala State Co-operative Bank Ltd. appearing

for R-1 & R-2, Sri.P.C.Sasidharan, learned Standing Counsel for the

Kerala Public Service Commission appearing for R-3 and Sri.Saigi Jacob

Palatty, learned Senior Government Pleader appearing for R-4 & R-5. In

the nature of the order proposed to be passed by this Court in this W.A.,

notice to contesting respondent No.6 will stand dispensed with.

4. From the submissions and pleadings on record it appears that

the plea of the appellant for getting retrospective appointment in the

post of Typist has now been addressed by the appellant before the

4th respondent State Government, as can be seen from Ext.P-2

representation dated 5.8.2019. Further, a reading of Ext.P-3 Government

letter dated 5.9.2019 it appears that the competent authority of the W.A. No. 1681 of 2021

4th respondent State Government in the Co-operation Department has

called for a report in the matter from the 5 th respondent Registrar of

Co-operative Societies, etc. Further, it appears that Ext.P-2

representation dated 5.8.2019 has not been disposed of and is still

pending before the 4th respondent State Government.

5. Without getting into the merits of the controversy in any

manner, it is ordered that the 1st respondent Kerala State Co-operative

Bank Ltd. and the 5 th respondent Registrar of Co-operative Societies,

may given their considered remarks by filing their separate reports before

the 4th respondent State Government on the matters claimed in Ext.P-2

representation submitted by the appellant.

6. Reports in that regard shall be submitted by the 1 st respondent

Kerala State Co-operative Bank Ltd. and the 5 th respondent Registrar of

Co-operative Societies within one month, and copies thereof shall also be

send by R-1 & R-5 to the appellant. Thereafter, the competent authority

of the State Government in the Co-operation Department may invite the

appellant for personal hearing and shall afford reasonable opportunity of

being heard to the appellant either through authorized

representative/counsel if any, and after considering the views of R-1 &

R-5, may take an appropriate decision on the matters raised in Ext.P-2 W.A. No. 1681 of 2021

representation without much delay, preferably within an outer time limit

of 3 months from the date of receipt of a copy of this judgment.

7. It is made clear that we have not entered into the merits of

the controversy in any manner. The directions and orders of the learned

Single Judge as per the impugned judgment in the WP(C) will stand

modified to the limited extent as above.

With these observations and directions, the above Writ Appeal will

sand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

VIJU ABRAHAM, JUDGE

MMG