Kerala High Court
Sunil Kumar T vs The Joint Registrar Of ... on 20 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 5048 OF 2022
PETITIONER:
SUNIL KUMAR T.
ACCOUNTANT, KULAKKADA SERVICE CO-OPERATIVE BANK
LTD.NO.4299, THAZHATHUKULAKKADA POST, PIN - 691 507,
KOTTARAKKARA, KOLLAM DISTRICT, RESIDING AT 'MAYOOGHAM',
KULAKKADA EAST POST, PIN - 691 521, KOLLAM DISTRICT.
BY ADVS.
M.SASINDRAN
P.SHAHEED
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
KOLLAM, PIN - 691 001.
2 KULAKKADA SERVICE CO-OPERATIVE BANK LTD.NO.4299
THAZHATHUKULAKKADA POST, KOTTARAKKARA, KOLLAM DISTRICT,
PIN - 691 521, REPRESENTED BY ITS SECRETARY.
3 THE BOARD OF DIRECTORS OF THE KULAKKADA SERVICE
CO-OPERATIVE BANK LTD.NO.4299
THAZHATHUKULAKKADA POST, PIN - 691 521, KOTTARAKKARA,
KOLLAM DISTRICT, REPRESENTED BY ITS PRESIDENT.
4 MANJU R.NAIR
SENIOR CLERK, KULAKKADA SERVICE CO-OPERATIVE BANK
LTD.NO.4299, THAZHATHUKULAKKADA POST, PIN - 691 521,
KOTTARAKKARA, KOLLAM DISTRICT.
BY ADVS.
B.MOHANLAL
ADITHYA RAJEEV
T.R.HARIKUMAR(K/000295/1992)
ARJUN RAGHAVAN(K/1277/2012)
P.S.PREETHA
W.P.(C) No. 5048 of 2022
2
MANSOOR ALI
SMT SURYA BINOY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 5048 of 2022
3
JUDGMENT
Ext.P3 order passed by the Joint Registrar on 10.2.2022 is under
challenge in this Writ Petition. By the said order, the Registrar has issued
directions to the 2nd respondent Society to revert the petitioner to the post of
Senior Clerk and promote the 4th respondent in that place.
2. Sri. M Sasindran, the learned counsel appearing for the petitioner
submitted that Ext.P3 order cannot be sustained under law as, by virtue of
Section 69(h), the Registrar has jurisdiction to entertain only monetary
disputes. Relying on Prakashini v. Joint Registrar [2006 (1) KLT 199], it is
submitted that after 2.1.2003, only the Arbitration Court can adjudicate
non-monetary disputes and Rule 176 of the KCS Rules cannot be invoked to
resolve seniority disputes.
3. I have heard Sri. B. Mohanlal, the learned counsel appearing for the
3rd respondent, Sri. Adhithya Rajeev, the learned counsel appearing for the
4th respondent and the learned Government Pleader.
4. Having considered the submissions, I find that Ext.P3 order has
been issued by the Assistant Registrar ordering the Society to revert the
W.P.(C) No. 5048 of 2022
petitioner to the post of Senior Clerk and further directions have been issued
to promote the 4th respondent. In the light of the statutory provisions and
the law laid down by this Court, Ext.P3 cannot be sustained under law. The
Registrar has no jurisdiction to interfere in non-monetary disputes. In that
view of the matter, Ext.P3 cannot be sustained under law.
In view of the discussion above, Ext.P3 will stand quashed. The 2nd
respondent is directed to permit the petitioner to continue in the present post.
However, the right of the 4th respondent to approach the jurisdictional forum
for redressal of her grievance will stand reserved.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sru
W.P.(C) No. 5048 of 2022
APPENDIX OF WP(C) 5048/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT EXTRACTS FROM THE
RESOLUTION DATED 10/07/2019 OF THE 3RD
RESPONDENT.
Exhibit P2 A TRUE COPY OF THE REPLY DATED 11/02/2022
ISSUED BY THE SECRETARY TO THE PETITIONER,
FURNISHING THE DETAILS OF PROMOTION OF THE
PETITIONER.
Exhibit P3 A TRUE COPY OF HE ORDER NO.N121/2022 DATED
10/02/2022 ISSUED BY THE FIRST RESPONDENT JOINT
REGISTRAR TO THE 2ND RESPONDENT SOCIETY
RESPONDENTS EXHIBITS : NIL
