Kerala High Court
Jayakrishnan M vs Joint Registrar Of Co-Operative ... on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 32535 OF 2016
PETITIONERS:
1 JAYAKRISHNAN M
LAKSHMI VILAS, PALLICKAL,NOORANADU PO,
PATHANAMTHITTA.
2 JINESH KUMAR J.S.
JINESH BHAVAN, MANNADI PO, ADOOR.
3 ANOOP G.NAIR
ADHIKAMPEROOR MANNIL,PATHANAMTHITTA PO.
4 SREEKANTH B.K.
MANGALODAYAM BANGLOW,ANAYADI PO, SOORANADU.
5 MANOJ MOHAN
MULLAPARAMBIL, KONNI PO.
6 FAME VARGHESE
MURUPEL VEEDU, EDATHITTA PO,KODUMON.
7 ARCHANA PRASAD
THEVERATHE HOUSE, AYRAVONI PO, KONNI.
8 JAYAKRISHNAN N.S.
CHITHRAM, VELLIKULANGARA,MANAKALA PO, ADOOR.
9 AMBILIKUTTAN NAIR C.
ITTIYERAPPARAMBIL KURUNGAZHA PO,PULLADU.
10 SHIJU P.T.
PATHALIL VEEDU, VADASSERIKARA PO,PATHANAMTHITTA.
11 VIPIN HARI
ONATTUTHEKKETHIL, KOTTOOR PO, KAVIYOOR.
12 SONY M.JOSE
MADUKKAMOOTTIL HOUSE, ELEKOLLOOR PO, KONNI.
13 RAPHIYATHU
PETTAYIL HOUSE, PATHANAMTHITTA.
14 TITTUCHACKO
MALAYIL THADATHIL,KADAMMANITTA PO, PATHANAMTHITTA.
15 RAJIMOL K.
BLOCK NO.154, SREERANGAM,MANNADISALA PO, PARUVA,
RANNI.
16 AMBILY S.
MANASAM, PUTHUSSERI BHAGOM,VAYALA PO.
17 RAJI MENON K.R.
KARUMALA PUTHEN VEEDU, MUTHUPEZHUMKAL PO, VAKAYAR.
18 MANJU N.
THUNDATHIL, KAIPUZHA PO,KULANADA, PANDALAM.
WP(C) NO.32535/2016 & Con. Cases
2
19 CHRISTY P.MATHEW
PENIYAL HOUSE, ULANADU PO.
20 ANITHAKUMARY A.K.
KOYIKKALAZHIKATHU THEKKETHIL,MANNADY PO,
KALA WEST.
21 REMYA R.PILLAI
CHERUKATTU VEEDU,THUVAYOOR SOUTH.
22 MEGHA S.
MANAPPALLIL HOUSE,MANNADI PO, ADOOR (VIA).
23 ARUN B.KURUP
KOIPALLIL VEEDU, THOTTUVA, ANAYADI PO.
24 SREELATHA S.
KALLULLATHIL, CHERUKUNNAM,ANAYADI PO.
BY ADV SRI.D.SOMASUNDARAM
RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), PATHANAMTHITTA, PIN-689 645.
2 REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM-695 001.
3 DISTRICT CO-OPERATIVE BANK
PATHANAMTHITTA, PIN-689 645,
REPRESENTED BY ITS GENERAL MANAGER.
BY ADVS.
GOVERNMENT PLEADER
N.RAGHURAJ
OTHER PRESENT:
SRI JOSHY THANNICKKAMATTAM-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).15339/2021, 23736/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.32535/2016 & Con. Cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 32678 OF 2016
PETITIONERS:
1 VINESH KUMAR K
AGED 33 YEARS
PART-TIME SWEEPER, PATHANAMTHITTA DISTRICT CO-
OPERATIVE BANK LTD., HEAD OFFICE, PATHANAMTHITTA,
RESIDING AT SREERAGAM, PARIPPALLY P.O., KOLLAM.
2 DHANYA S.
PART TIME SWEEPER, PATHANAMTHITTA DISTRICT CO-
OPERATIVE BANK LTD., ADOOR BRANCH, PATHANAMTHITTA,
RESIDING AT VATTAVILAYIL, ANAYADI P.O.,
KAITHAYACKAL,PATHANAMTHITTA.
3 VENUGOPAL.G.
PART-TIME SWEEPER, PATHANAMTHITTA DISTRICT CO-
OPERATIVE BANK LTD., KODUMON BRANCH,
PATHANAMTHITTA, RESIDING AT MALARVADI, PALLICKAL,
NOORANADU P.O., PATHANAMTHITTA.
4 RAHUL T.NAIR
PART-TIME SWEEPER, PATHANAMTHITTA DISTRICT CO-
OPERATIVE BANK LTD., THOTTABHAGAM BRANCH,
PATHANAMTHITTA, RESIDING AT RAHUL NIVAS, MANNADI
P.O., PATHANAMTHITTA
5 ABHILASH S
PART-TIME SWEEPER, PATHANAMTHITTA DISTRICT CO-
OPERATIVE BANK LTD., KIDANGANNUR BRANCH,
PATHANAMTHITTA, RESIDING AT ABHILASH BHAVAN,
MANNADI P.O., PATHANAMTHITTA.
6 SUMOD S.NAIR
PART-TIME SWEEPER, PATHANAMTHITTA DISTRICT CO-
OPERATIVE BANK LTD., VADASSERIKARA BRANCH,
PATHANAMTHITTA, RESIDING AT SUMOD BHAVAN, MANNADI
P.O., PATHANAMTHITTA.
7 JITHIN THOMAS
PART-TIME SWEEPER, PATHANAMTHITTA DISTRICT CO-
OPERATIVE BANK LTD., OTHERA BRANCH,
PATHANAMTHITTA, RESIDING AT KOYIKKAVILA
PADINJATTATHIL, PERINGANAD P.O., ADOOR.
8 ASHOK G
PART-TIME SWEEPER, PATHANAMTHITTA DISTRICT CO-
WP(C) NO.32535/2016 & Con. Cases
4
OPERATIVE BANK LTD., MARAMOM BRANCH,
PATHANAMTHITTA, RESIDING AT ERATHAZHIKATHU VEEDU,
KADAMPANADU P.O., PATHANAMTHITTA.
9 ANILKUMAR S.
PART-TIME SWEEPER, PATHANAMTHITTA DISTRICT CO-
OPERATIVE BANK LTD., CHUNGAPPARA BRANCH,
PATHANAMTHITTA, RESIDING AT VIJAYA BHAVAN,
KOTTANGAL P.O., CHUNKAPPARA MALLAPPALLY,
PATHANAMTHITTA.
10 RENJITH KUMAR P.M.
PART-TIME SWEEPER, PATHANAMTHITTA DISTRICT CO-
OPERATIVE BANK LTD., HEAD OFFICE, PATHANAMTHITTA,
RESIDING AT PERUMTTATHU HOUSE, KALLISSERY P.O.,
CHENGANNUR, PATHANAMTHITTA.
11 BINDU SURESH
PART-TIME SWEEPER, PATHANAMTHITTA DISTRICT CO-
OPERATIVE BANK LTD., SEETHATHODU BRANCH,
PATHANAMTHITTA, RESIDING AT MODIYIL VEEDU,
ANGAMOOZHI P.O., PATHANAMTHITTA.
BY ADVS.
SRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
SRI.ADHITHYA RAJEEV
RESPONDENTS:
1 THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD
REPRESENTED BY ITS GENERAL MANAGER,
PATHANAMTHITTA- PIN- 689 645.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),PATHANAMTHITTA- PIN-689 645.
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM-695 001.
BY ADVS.
SRI.T.P.PRADEEP, SC, DIST.CO.OP.BANK,PTA
GOVERNMENT PLEADER
N.RAGHURAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).32535/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.32535/2016 & Con. Cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 33006 OF 2016
PETITIONERS:
1 GIRIJA BHAI.T.R
W/O. M.C.SASI, MANALUZHATHIL HOUSE, VALLAMUKULAM
P.O., THIRUVALLA, PATHANAMTHITTA.
2 MADHU KUMAR K.O.
S/O. OMANA AHCARI, KOCHUVEETTIL HOUSE, MUTHUR
P.O., THIRUVALLA, PATHANAMTHITTA.
3 NITHIN RAJ
S/O.P.V.RAJAN ACHARI, NITHIN RAJ BHAVAN,
THEKKUTHODE P.O., KARIMANTHODE, PATHANAMTHITTA.
4 SANTHOSH KUMAR C.A.
S/O. C.K.AZHAKAN, CHENNAMALA HOUSE, THOMBIKANDAM
P.O., RANNI, PATHANAMTHITTA.
5 MANI DEVAKUMAR
W/O. DEVAKUMAR, VIJAYA VILASAM, MUTHUPEZHUNKAL
P.O.,VAKAYAR, KONNI, PATHANAMTHITTA.
BY ADVS.
SRI.V.G.ARUN
SRI.ADITHYA RAJEEV
RESPONDENTS:
1 THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD
REPRESENTED BY ITS GENERAL MANAGER,
PATHANAMTHITTA, PIN-689645.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), PATHANAMTHITTA, PIN-689645.
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM-695001.
BY ADVS.
SRI.T.P.PRADEEP, SC, DIST.CO.OP.BANK,PTA
GOVERNMENT PLEADER
N.RAGHURAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).32535/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.32535/2016 & Con. Cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 13322 OF 2017
PETITIONERS:
1 ANOOP.G.NAIR
AGED 31 YEARS
ADIKAMPEROOR MANNIL, PATHANAMTHITTA PO,
PATHANAMTHITTA DISTRICT.
2 JINESH KUMAR J.S
JINESH BHAVAN, MANNADY PO.
3 SUJITH S.
POOTHAKKUZHAY KIZHAKKETHIL,MANNADY P.O.
BY ADV SRI.D.SOMASUNDARAM
RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) PATHANAMTHITTA
PATHANAMTHITTA.
2 PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK
PATHANAMTHITTA, REPRESENTED BY ITS GENERAL
MANAGER.
BY ADVS.
GOVERNMENT PLEADER
N.RAGHURAJ
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).32535/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.32535/2016 & Con. Cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 22291 OF 2017
PETITIONERS:
1 ANOOP G. NAIR
ADIKAMPEROOR MANNIL, PATHANAMTHITTA
2 JINESH KUMAR.J.S
JINESH BHAVAN, MANNADY.P.O.
3 SUJITH.S
POOTHAKUZHY KIZHAKKETHIL, MANNADY.P.O
BY ADV SRI.D.SOMASUNDARAM
RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), PATHANAMTHITTA
2 PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD.
PATHANAMTHITTA, REPRESENTED BY ITS GENERAL
MANAGER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).32535/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.32535/2016 & Con. Cases
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 23736 OF 2019
PETITIONERS:
1 SUJITH.S
AGED 32 YEARS
POOTHAKKUZHI KIZHAKKETHIL, MANNADI P.O,
2 JAYAKRISHNAN M,
LAKSHMI VILASAM, PALLICKAL, NOORANAD P.O,
3 MANOJ KUMAR D,
PERINGARA P.O,, THIRUVALLA.
BY ADV D.SOMASUNDARAM
RESPONDENTS:
1 JOINT REGISTRAROF CO-OPERATIVE SOCIETIES (GENERAL)
PATHANAMTHITTA-689645.
2 REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM-695001.
3 PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK,
PATHANAMTHITTA, REPRESENTED BY ITS GENERAL
MANAGER-689645.
BY ADVS.
GOVERNMENT PLEADER
N.RAGHURAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).32535/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.32535/2016 & Con. Cases
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 15339 OF 2021
PETITIONER/S:
1 SANTHOSH KUMAR C. A.
AGED 45 YEARS
PART TIME SWEEPER, KERALA STATE CO-OPERATIVE BANK,
(FORMER PATHANAMTHITTA DCB), ATHIKKAYAM BRANCH,
RANNI, PATHANAMTHITTA DISTRICT.
2 MADHUKUMAR K. O.
PART TIME SWEEPER, KERALA STATE CO-OPERATIVE BANK,
(FORMER PATHANAMTHITTA DCB), NIRANAM BRANCH,
THIRUVALLA, PATHANAMTHITTA DISTRICT.
3 NITHIN RAJ
PART TIME SWEEPER, KERALA STATE CO-OPERATIVE BANK,
(FORMER PATHANAMTHITTA DCB), CHITTAR BRANCH,
PATHANAMTHITTA DISTRICT.
4 GIRIJA BHAI T. R.
PART TIME SWEEPER, KERALA STATE CO-OPERATIVE BANK,
(FORMER PATHANAMTHITTA DCB), THOTTABHAGAM BRANCH,
PATHANAMTHITTA DISTRICT.
5 MANI DEVAKUMAR
PART TIME SWEEPER, KERALA STATE CO-OPERATIVE BANK,
(FORMER PATHANAMTHITTA DCB), KOODAL BRANCH,
PATHANAMTHITTA DISTRICT.
BY ADVS.
P.N.MOHANAN
C.P.SABARI
AMRUTHA SURESH
RESPONDENTS:
1 KERALA CO-OPERATIVE BANK LTD.
REPRESENTED BY CHIEF EXECUTIVE OFFICER, CO-BANK
TOWERS, PALAYAM, THIRUVANANTHAPURAM - 695 001.
2 MANAGING COMMITTEE OF KERALA STATE CO-OPERATIVE
BANK LTD., REPRESENTED BY PRESIDENT, CO-BANK
TOWERS, PALAYAM, THIRUVANANTHAPURAM - 695 001.
3 KERALA STATE CO-OPERATIVE BANK LTD.
REGIONAL OFFICE, ALAPPUZHA, ALAPPUZHA P. O.,
WP(C) NO.32535/2016 & Con. Cases
10
ALAPPUZHA DISTRICT.
4 GENERAL MANAGER
KERALA STATE CO-OPERATIVE BANK, (FORMER
PATHANAMTHITTA DCB), PATHANAMTHITTA P. O.,
PATHANAMTHITTA DISTRICT.
BY ADV GILBERT GEORGE CORREYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, ALONG WITH WP(C).32535/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.32535/2016 & Con. Cases
11
JUDGMENT
I am considering the afore writ petitions together since the
decision that I take in three of them, will have a certain bearing
on the reliefs to be granted in the others.
2. Among the afore writ petitions, W.P.(C).Nos.32535 of
2016, 33006 of 2016 and 32678 of 2016 have been filed by Part-
time Sweepers working in the services of the erstwhile District
Co-operative Bank, Pathanamthitta [(which has now merged with
the Kerala State Co-operative Bank Ltd, ("Kerala Bank" for
short)], assailing an order issued by the Joint Registrar of Co-
operative Societies terminating their services on various grounds.
3. As far as the other writ petitions are concerned, they
have been filed by the same petitioners claiming service benefits
as are eligible to them on the assertion that they were appointed
validly, after a proper selection process and to sanctioned posts.
4. It is, therefore, needless to say that if the first batch of
matters are allowed, then the second batch will automatically
have to be ordered, granting the reliefs therein.
5. I have heard Sri.D.Somasundaram - learned counsel
for the petitioners in W.P.(C).Nos.32535 of 2016, 22291 of 2017,
WP(C) NO.32535/2016 & Con. Cases
23736 of 2017 and 13322 of 2017; Sri.Adithya Rajeev - learned
counsel for the petitioners in W.P.(C).Nos.33006 of 2016 and
32678 of 2016; Sri.C.P.Sabari - learned counsel for the petitioner
W.P.(C).No.15339 of 2021; Sri.N.Reghuraj - learned Standing
Counsel for the "Kerala Bank", appearing in some of the matters
and Sri.Gilbert George Correya - learned Standing Counsel for
the "Kerala Bank" appearing in the others; and Smt.Resmi
Thomas - learned Government Pleader appearing for the official
respondents.
6. For the reasons that I have already said above, I propose
to decide W.P(C)No.32535 of 2016, W.P(C)No.33006 of 2016 and
W.P(C)No.32678 of 2016, first.
7. Shri.D.Somasundaram and Sri.Adithya Rajeev - learned
counsel for the petitioners in these cases, submitted that their
clients were appointed validly and after going through a selection
process as mandated under the Kerala Co-operative Societies Act
('KCS Act' for short) and the Rules thereunder ('KCS Rules' for
short), as also in compliance with the directions in the various
Circulars holding the field, as Part-Time Sweepers into the
various posts sanctioned to the erstwhile District Co-operative
WP(C) NO.32535/2016 & Con. Cases
Bank, Pathanamthitta (hereinafter referred to as the 'DCB' for
short). They submitted that, however, much after the
appointments of their clients were so made and approved, the
Joint Registrar issued an order dated 20.09.2016 - a copy of
which is produced as Ext.P6 in W.P(C)No.32535 of 2016, setting
aside the same, citing certain reasons. They allege that the Joint
Registrar has acted without any jurisdiction in this matter and
that the reasons cited by him are not merely apocryphal, but
untenable and even without reason.
8. Sri.D.Somasundaram, learned counsel, further expatiated
that, even though the petitioners were all appointed through a
process sanctioned by law, the Joint Registrar caused an enquiry
into the said selection process, alleging that he had received a
complaint, but without issuing the same to his clients or even
without notifying them. He pointed out that Ext.P6 would indicate
that enquiry was thus completed and the report of the same
presented before the Joint Registrar, who then proceeded to issue
it, citing the reasons mentioned therein.
9. Sri.D.Somasundaram, learned counsel then showed me
from Ext.P6 in W.P(C)No.32535 of 2016, that three or four major
WP(C) NO.32535/2016 & Con. Cases
deficiencies have been recorded by the Joint Registrar, namely
that there were no posts created to have accommodated the
petitioners; that the advertisement preceding the selection was
illegal because it mentioned the category of the posts to be filled
up as being "Part-Time Contingent Worker" and not "Part-Time
Contingent Sweeper" and further that the details regarding the
educational qualifications, pay scale, number of posts and written
examination and interview are not specified therein; and that the
interview of the candidates was done not by the Managing
Committee, but by the General Manager, thus being in violation
of the Circulars of the Registrar of Co-operative Societies bearing
Nos.5/87, 27/2016 and 11/1999. The learned counsel argued that
all the afore objections are completely without basis and contrary
to law, particularly when the Joint Registrar acted without any
jurisdiction in having interfered with the appointments made by
the Bank as per the Statutory Scheme. He thus prayed that these
writ petitions be allowed.
10. Sri.Adithya Rajeev - learned counsel for the petitioners
in W.P(C)No.33006 of 2016 and W.P(C)No.32678 of 2016,
adopted the afore submissions of Sri.D.Somasundaram, further
WP(C) NO.32535/2016 & Con. Cases
arguing that the objections raised against the advertisement are
without any reason because there was no written test for the
selection but only interview, which had been completed by the
competent Authority in terms of law. He also, therefore, prayed
that this writ petition be allowed.
11. Sri.N.Reghuraj - learned counsel for the 'Kerala Bank' in
some of the matters submitted that the Joint Registrar had taken
action against the petitioners and issued the impugned order at
the time when the DCB was in operation and before it had
merged with the 'Kerala Bank'. He argued that since the Joint
Registrar has acted validly and in exercise of his powers to
ensure that there is transparency in the appointments made by
the erstwhile DCB, it cannot be found fault with and thus prayed
that said order be not interdicted, particularly because, as stated
therein, the applicable circulars governing the field had been
blatantly violated by the DCB.
12. Smt.Resmi Thomas - learned Government Pleader, rose
in defence of the impugned order saying that the Joint Registrar
had received several complaints from various persons imputing
malafidies, lack of transparency and even corruption in the
WP(C) NO.32535/2016 & Con. Cases
selection process. She submitted that it is, therefore, that said
Authority intervened, by first conducting an enquiry and in
issuing the impugned order, finding most of the allegations to be
true. She thus prayed that these writ petitions be dismissed.
13. I have considered the afore submissions very carefully
and have also examined Ext.P6 in W.P(C)No.32535 of 2016, which
is the order impugned in these cases.
14. As rightly argued by Sri.D.Somasundaram, the Joint
Registrar has issued the impugned order without mentioning that
he is competent to do so. It is also not clear therefrom if he had
issued notice to any of the petitioners before their appointments
were terminated, or that they had been given an opportunity to
show cause why it be not done. All which Ext.P6 says is that the
Joint Registrar received certain complaints and that he conducted
a preliminary enquiry, based on which, an assessment of the
merits of the complaint was gone into, to find that the selection
process was vitiated and liable to be set aside.
15. When one reads Ext.P6 in detail, it is evident that the
Joint Registrar has relied upon three broad reasons to set aside
the selection, namely; (a) there was no post available in the DCB
WP(C) NO.32535/2016 & Con. Cases
at the time when the selection was done or completed; (b) that
the advertisement carried by the DCB was contrary to law and in
defiance of Circular No.11/1999 of the Registrar of Co-operative
Societies and (c) that the interview was conducted by the Deputy
General Manager and not by the Managing Committee, thus in
violation of the Circulars of the Registrar of Co-operative
Societies bearing Nos.5/87 and 27/2016.
16. As far as the first of the afore reasons is concerned, it is
without doubt that the number of posts eligible to a Bank is
governed by Section 80 and Appendix III to Rule 182 of the KCS
Act and Rules respectively. The said provisions mandate in what
manner and for what area a Part-Time Sweeper can and will have
to be appointed. Since the erstwhile DCB, admittedly, had 59
branches, with large amount of sweeping area, they appointed
the petitioners, computing the vacancies on such basis. The Joint
Registrar, however, says that a separate sanction ought to have
been obtained by the Bank with respect to creation of the posts,
but it is not clear on what basis he says so and without citing any
specific provision for such an observation. The only input he has
offered in substantiation, is that by doing so, the DCB had
WP(C) NO.32535/2016 & Con. Cases
violated Circular No.5/87 of the Registrar of Co-operative
Societies.
17. Coming to the second of the afore objections, the Joint
Registrar says that the advertisement carried by the erstwhile
DCB, prior to the appointments, showed the name of the post as
being 'Part-Time Contingent Worker' and not 'Part-Time
Contingent Sweeper' and that it did not contain any details
regarding the number of posts, pay scale, educational
qualifications and the fact that a written examination and
interview were to be conducted. He alleges that this is in
violation of the Circular of the Registrar of Co-operative Societies
bearing No.11/1999 and thus that the advertisement itself was in
error.
18. As regards the last of the afore objections, the Joint
Registrar says, as I have already said above, that the interview
ought to have been conducted by the Managing Committee of the
Bank and not by the General Manager and that this is in violation
of the circulars of the Registrar of Co-operative Societies bearing
Nos.5/87 and 27/2016.
19. I must say that when I assess the impugned objections
WP(C) NO.32535/2016 & Con. Cases
from the touchstone of the various materials and submissions on
record, I cannot find favour with any one of them for the reasons
that I will presently state.
20. As far as creation of posts is concerned, as rightly
argued by Sri.D.Somasundaram, Appendix III to Rule 182 of the
KCS Rules provides the manner in which the posts require to be
computed, taking into account the sweeping area of the Bank. It
is admitted before me that there were 59 branches and one Head
Office for the Bank, with a sweeping area exceeding 28000 sq. ft.,
which justifies the appointment of the petitioners as Part-Time
Sweepers because Section 80 of the KCS Act mandates that there
should be atleast one Part-Time Sweeper for each branch and
office.
21. The Joint Registrar does not deal with this contention,
presumably because he had not notified the petitioners at any
point of time before the impugned order was issued, but goes on
to hold that their appointments are contrary to the Circular
bearing No.5/87 of the Registrar of Co-operative Societies. One
fails to understand how the Joint Registrar has entered into such
a conclusion without citing any reason or justification for such
WP(C) NO.32535/2016 & Con. Cases
holding.
22. As far as the second of the afore objection is concerned,
I cannot hold the views of the Joint Registrar to be tenable. This is
more so since the selection process did not have a written
examination but only interview and therefore, this would clearly
indicate the rather casual manner in which the Joint Registrar
dealt with the whole issue, as if he was looking for a reason to set
aside the process.
23. Coming to the third objection, the fact that no one is
objected to the interview conducted by the General Manager and
that there was substantial compliance with the Circulars of the
Registrar of Co-operative Societies certainly guides me to find
against it.
24. That being said, the additional acme question is whether
the impugned order was issued after hearing the petitioners and
taking into their version. This, being admittedly not done, I
cannot find favour with the said order, which causes a drastic
consequence of setting aside the appointments granted to the
petitioners through a valid process of law. It is the fundamental
principle of jurisprudence that before such a detriment was
WP(C) NO.32535/2016 & Con. Cases
brought on the petitioners, they ought to have been heard and
given an opportunity of explaining why their appointments cannot
set aside. In the absence and failure to have given any such
opportunity, the impugned order certainly cannot find legs to
stand on.
25. The afore observations being made, when I turn to the
second set of writ petitions, namely W.P(C)No.22291 of 2017,
W.P(C)No.13322 of 2017, W.P(C)No.23736 of 2019 and
W.P(C)No.15339 of 2021, it becomes apodictic that all benefits
claimed by the petitioners, including salary, allowances and such
other, will require to be given to them, when their appointments
have been found by this Court to be not liable to be set aside by
the Joint Registrar through the afore mentioned order of his.
26. However, Sri.Gilbert George Correya - learned counsel
for the Kerala Bank in W.P.(C)15339 of 2021, submitted that, as
far the petitioners in this case are concerned, they were not
validly appointed through a selection process, but were merely
engaged on the basis of Ext.P3 on daily wages. He submitted that,
therefore, the petitioners in this case are not entitled to any
benefit of a regularly recruited Part-Time Sweeper.
WP(C) NO.32535/2016 & Con. Cases
27. In reply Sri.C.P.Sabari - learned counsel for the
petitioners in this case, submitted that even though Ext.P3 Office
Memorandum shows that though his clients ought to have been
engaged on daily wages, they were, in fact, recruited validly
through a selection process and relied on Exts.P1 and P2
notification and rank list in substantiation. He added that his
clients have been reliably informed that the Part-time
Administrator of the erstwhile DCB had regularized his clients'
services, by order dated 16.07.2019, namely Ext.P9. He,
therefore, prayed that this writ petition be also allowed.
Taking note of the afore submissions and in the conspectus
of the observations of this Court, I proceed to dispose of these
writ petitions in the following manner:
(a) W.P(C)No.32535 of 2016, W.P(C)No.33006 of 2016 and
W.P(C)No.32678 of 2016 are allowed, setting aside the impugned
orders therein; and thus declaring that appointment of the
petitioners could not have been set aside by the Joint Registrar.
(b) W.P(C)No.22291 of 2017, W.P(C)No.13322 of 2017 and
W.P(C)No.23736 of 2019 are allowed, consequential to the afore
declaration; with a resultant direction to the competent
WP(C) NO.32535/2016 & Con. Cases
Authorities to grant all service benefits to the petitioners,
including admission to the Pension Scheme, subject to all other
requirements and imperatives being satisfied. This shall be done
not later than two months from the date of receipt of a copy of
this judgment.
(c) W.P.(C)15339 of 2021 is ordered, directing the
competent Authority of the 'Kerala Bank' to consider the claim of
the petitioners, adverting to Ext.P9 proceedings of the erstwhile
Administrator of the DCB and after affording them an opportunity
of being heard; thus culminating in an appropriate order and
necessary action as expeditiously as is possible, but not later than
two months from the date of receipt of a copy of this judgment.
Needless to say, if, through the afore exercise, the
petitioners are found eligible for any benefit, same shall be
granted and disbursed to them without any avoidable delay
thereafter, but not later than one month therefrom.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/7.7
WP(C) NO.32535/2016 & Con. Cases
APPENDIX OF WP(C) 32535/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION ISSUED BY
THE BANK DATED 28-12-2015.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 19-
2-2016 ISSUED BY THE GENERAL MANAGER OF
THE BANK CALLING UPON THE 1ST PETITIONER
TO APPEAR FOR THE INTERVIEW.
EXHIBIT P3 TRUE COPY OF THE OFFICE MEMORANDUM ISSUED
BY THE RESPONDENT BANK TO THE 1ST
PETITIONER DATED 1-3-2016.
EXHIBIT P4 TRUE COPY OF THE OFFICE MEMORANDUM ISSUED
BY THE RESPONDENT BANK TO THE 1ST
PETITIONER DATED 5-3-2016.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION SENT BY
THE RESPONDENT BANK TO THE 2ND PETITIONER
DATED 19-2-2016.
EXHIBIT P5(A) TRUE COPY OF OFFICE MEMORANDUM DATED 1-3-
2016 ISSUED BY THE RESPONDENT BANK TO THE
2ND PETITIONER.
EXHIBIT P5(B) TRUE COPY OF OFFICE MEMORANDUM DATED 5-3-
2016 ISSUED BY THE RESPONDENT BANK TO THE
2ND PETITIONER.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.CRB 1218/2016
DATED 20-9-2016 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P7 TRUE COPY OF ORDER NO. CB(3) 36424/2013
DATED 25-09-2013 ISSUED BY THE REGISTRAR
OF CO-OPERATIVE SOCIETIES.
EXHIBIT P8 TRUE COPY OF THE SENIORITY LIST DATED1-2-
2017 ISSUED BY THE GENERAL MANAGER,
PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK
LTD.,
EXHIBIT P9 TRUE COPY OF THE STATEMENT ISSUED BY THE
GENERAL MANAGER, PATHANAMTHITTA DISTRICT
CO-OPERATIVE BANK SHOWING THE NUMBER OF
POSTS IN DIFFERENT CATEGORIES.
RESPONDENT EXHIBITS
EXT.R3(A) TRUE COPY OF THE LIST OF PART TIME
SWEEPERS APPOINTED IN THE BANK PER THE
DECISION DATED 29-02-2016 OF THE DIRECTOR
BOARD.
WP(C) NO.32535/2016 & Con. Cases
APPENDIX OF WP(C) 32678/2016
PETITIONER EXHIBITS
EXT. P1 A TRUE COPY OF THE NOTIFICATION PUBLISHED
IN THE MANGALAM DAILY DATED 28.12.2015.
EXT. P2 A TRUE COPY OF THE CALL LETTER ISSUED TO
THE 1ST PETITIONER DATED 19.02.2016.
EXT. P3 A TRUE COPY OF THE OFFICE MEMO DATED
01.03.2016 ISSUED TO THE 1ST PETITIONER.
EXT. P4 A TRUE COPY OF THE APPOINTMENT ORDER
ISSUED TO THE 1ST PETITIONER DATED
05.03.2016.
EXT. P5 A TRUE COPY OF THE ORDER NO. CRB 1218/16
DATED 20.09.2016 ISSUED BY THE 2ND
RESPONDENT.
RESPONDENT EXHIBITS
EXT.R3(A) TRUE COPY OF THE LIST OF PART TIME
SWEEPERS APPOINTED IN THE BANK PER THE
DECISION DATED 29-02-2016 OF THE DIRECTOR
BOARD.
WP(C) NO.32535/2016 & Con. Cases
APPENDIX OF WP(C) 33006/2016
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION PUBLISHED
IN THE DESABHIMANI DAILY 19-08-2010.
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE
RANK LIST PUBLISHED BY THE 1ST RESPONDENT
DATED 17-12-2010.
EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS NO. C.R.B.
1215/2010 DATED 13-07-2011.
EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER DATED
19-10-2011 IN WPC NO.27004 OF 2011.
EXHIBIT P5 A TRUE COPY OF THE OFFICE MEMO DATED 25-
10-2011 ISSUE TO THE 1ST PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE OFFICE MEMO DATED 07-
02-2012 ISSUE TO THE 1ST PETITIONER.
EXHIBIT P7 A TRUE COPY OF THE OFFICE MEMORANDUM
DATED 17-01-2012 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION FILED
THE 1ST PETITIONER BEFORE THE PRESIDENT
OF THE 1ST RESPONDENT DATED 20-11-2013.
EXHIBIT P9 A TRUE COPY OF THE NOTIFICATION PUBLISHED
IN THE MANGALAM DAILY DATED 28-12-2015.
EXHIBIT P10 A TRUE COPY OF THE CALL LETTER DATED 19-
02-2016 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P11 A TRUE COPY OF THE OFFICE MEMORANDUM
DATED 08-03-2016 ISSUED TO THE 2ND
PETITIONER.
EXHIBIT P12 A TRUE COPY OF THE ORDER NO.CRB 1218/16
DATED 20-09-2016 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P13 A TRUE COPY OF THE INTERIM ORDER DATED
07-10-2016 IN WPC NO.32678 OF 2016.
RESPONDENT EXHIBITS
EXT.R3(A) TRUE COPY OF THE LIST OF PART TIME
SWEEPERS APPOINTED IN THE BANK PER THE
DECISION DATED 29-02-2016 OF THE DIRECTOR
BOARD.
WP(C) NO.32535/2016 & Con. Cases
APPENDIX OF WP(C) 13322/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE OFFICE MEMO NO.D.P. &
G.016/85-86/8033 DATED 1.3.2016 ISSUED BY
THE GENERAL MANAGER, DISTRICT CO-
OPERATIVE BANK, PATHANAMTHITTA TO THE
PETITIONERS.
EXHIBIT P2 TRUE COPY OF THE DECLARATION OF PROBATION
OF PART-TIME SWEEPER-INTIMATION ISSUED BY
THE GENERAL MANAGER, DISTRICT CO-
OPERATIVE BANK, PATHANAMTHITTA TO THE
PETITIONERS.
EXHIBIT P3 TRUE COPY OF THE PAY BILL FOR MONTH OF
MARCH 2017 ISSUED BY THE DISTRICT CO-
OPERATIVE BANK TO THE PETITIONERS.
EXHIBIT P4 TRUE COPY OF THE ORDER G.O.(RT)
NO.117/2017/CO.OPN. DATED 7.3.2017 ISSUED
BY THE CO-OPERATION (C) DEPARTMENT.
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED
10.3.2016 IN WP(C) NO.9103/2016 OF THIS
HON'BLE COURT.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.C.R.B.1218/2016
DATED 20.9.2016 ISSUED BY THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES,
(GENERAL) PATHANAMTHITTA.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.CRB.1218/2016
DATED 3.4.2017 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE ORDER NO.CB(3)
36424/2013 DATED 25.9.2013.
EXHIBIT P9 TRUE COPY OF THE RESERVED CLASSIFICATION
ON 21.1.2016.
WP(C) NO.32535/2016 & Con. Cases
APPENDIX OF WP(C) 22291/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 1ST PETITIONER BY THE BANK.
EXHIBIT P1(A) TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 2ND PETITIONER BY THE BANK
EXHIBIT P1(B) TRUE COPY OF THE APPOINTMENT ORDERS
ISSUED TO THE 3RD PETITIONER BY THE BANK
EXHIBIT P2 A TRUE COPY OF THE OFFICE MEMORANDUM
NO.GM/12/391 DATED 21.3.2017
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 3.4.2017
EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER WRIT
PETITION (C) NO.13322/2017
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION ON
16.6.2017
WP(C) NO.32535/2016 & Con. Cases
APPENDIX OF WP(C) 23736/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE OFFICE MEMO DATED
1.3.2016 ISSUED BY THE GENERAL MANAGER OF
THE BANK APPOINTING THE 1ST PETITIONER AS
PART TIME SWEEPER
EXHIBIT P1(A) TRUE COPY OF THE OFFICE MEMO DATED
1.3.2016 ISSUED BY THE GENERAL MANAGER OF
THE BANK APPOINTING THE 2ND PETITIONER AS
PART TIME SWEEPER.
EXHIBIT P1(B) TRUE COPY OF THE OFFICE MEMO DATED
1.3.2016 ISSUED BY THE GENERAL MANAGER OF
THE BANK APPOINTING THE 3RD PETITIONER AS
PART TIME SWEEPER.
EXHIBIT P2 TRUE COPY OF THE OFFICE MEMORANDUM
(NO.GM/12391) DATED 21.3.2017.
EXHIBIT P3 TRUE COPY OF ORDER DATED 3.4.2017 OF THE
JOINT REGISTRAR.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED
12.4.2017 IN WP(C) NO.13322/2017.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED
THE ENTIRE 49 PART TIME SWEEPERS BEFORE
THE JOINT REGISTRAR.
EXHIBIT P6 TRUE COPY OF THE GOVT. ORDER VICE G.O(MS)
NO.9/2017/COOP. DATED 22.03.2017.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
3.8.2019 TO THE ADMINISTRATOR, JOINT
REGISTRAR.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
10.07.2019 SUBMITTED BY THE GENERAL
SECRETARY OF THE EMPLOYEES ASSOCIATION
BEFORE THE JOINT REGISTRAR.
WP(C) NO.32535/2016 & Con. Cases
APPENDIX OF WP(C) 15339/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PAPER NOTIFICATION
DATED 19.08.2010 PUBLISHED IN
DESHABHIMANI DAILY.
Exhibit P2 A TRUE COPY OF THE RANK LIST PUBLISHED BY
THE BANK.
Exhibit P3 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 31.10.2011 ISSUED IN RESPECT OF THE
SECOND PETITIONER.
Exhibit P4 A TRUE COPY OF THE G.O.NO.51/2015/CO.OP
DATED 31.03.2015 ISSUED BY THE
GOVERNMENT.
Exhibit P5 A TRUE COPY OF THE G.O.NO.5/2021/CO.
DATED 09.02.2021 ISSUED BY THE
GOVERNMENT.
Exhibit P6 A TRUE COPY OF THE SALARY SLIP OF THE
MONTH OF AUGUST, 2019 IN THE CASE OF
THIRD PETITIONER.
Exhibit P7 A TRUE COPY OF THE SALARY SLIP IN RESPECT
OF FIRST PETITIONER.
Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED
28.01.2021 SUBMITTED BY THE PETITIONERS
BEFORE THE FIRST RESPONDENT.
Exhibit P9 A TRUE COPY OF THE ORDER DATED 16.07.2019
OF THE PART-TIME ADMINISTRATOR.
Exhibit P10 A TRUE COPY OF THE PETITION DATED
12.08.2021 SUBMITTED BEFORE THE FIRST
RESPONDENT.
