Kerala High Court

Minimol.G vs Stae Of Kerala on 15 September, 2022

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                       WP(C) NO. 18589 OF 2019
PETITIONERS:

    1     MINIMOL.G
          AGED 37 YEARS
          KURANDIKUZHY VEEDU, SNEHA NAGAR - 172,
          ULIYAKOVIL, KOLLAM - 691 019.
    2     RAJALAKSHMI P.C.
          THIRUVATHIRA, PERAYAM, UMAYANALLOOR P.O.,
          KOLLAM - 691 589.
    3     DEEPA R.,
          MELAYATHU HOUSE, ALUMOODU P.O., MUKHATHALA,
          KOLLAM - 691 577.
          BY ADVS.
          K.P.SATHEESAN (SR.)
          SRI.P.MOHANDAS (ERNAKULAM)
          SRI.K.SUDHINKUMAR
          SRI.S.K.ADHITHYAN
          SRI.SABU PULLAN


RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 REGISTRAR OF CO-OPERATIVE SOCEITIES, SAHAKARANA BHAVAN, JAGATHY, THIRUVANANTHAPURAM - 695 014. 3 THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, DISTRICT BANK TOWER, KOLLAM - 691 001.

4 THE ADMINISTRATOR, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., DISTRICT BANK TOWER, KOLLAM - 691 001.

5 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, P.S.C. OFFICE, PATTOM, THIRUVANANTHAPURAM - 695 004.

6 REKHA JAYAN, CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK (H.O), CHINNAKKADA, KOLLAM - 691 001. WP(C)NOs.18589 & 28699/2019 2

7 ANIL KUMAR. C.

CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK, MANAPPALLY BRANCH, KARUNAGAPPALLY, KOLLAM.

8 RADHAKRISHNAN. K., CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., ANCHARAMOOD, KOLLAM -69.

9 SACHU, CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK, KOLLAM BRANCH, CHINNAKADA, KOLLAM - 691 001.

10 SREEJA P.R., CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK, KARUNAGAPPALLY BRANCH,KOLLAM - 69.

11 MANU W.

CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK, CHANDANATHOPPU BRANCH, KOLLAM - 69.

12 KISHORE. V.

CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK,(H.O) CHINNAKADA, KOLLAM - 691 001.

13 SREEKALA ANANDARAJAN, CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK, KIZHAKKETHERUVU BRANCH, KOTTARAKKARA, KOLLAM - 69.

14 RAJANIMOL P.K., CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK, THEVALAKKARA BRANCH, KARUNAGAPPALLY, KOLLAM - 69.

15 REKHA. B., CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK, THENMALA BRANCH, KOLLAM - 69.

16 BEENA CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK, AYOOR BRANCH, KOLLAM - 69.

17 ABDUL RAZAK, CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK (HO), CHINNAKADA, KOLLAM - 691 001.

18 JEEJA CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK, KULATHOOPUZHA BRANCH, KOLLAM - 69.

19 ANITHA. T.

CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK, KOTTARAKARA BRANCH, KOTTARAKARA, KOLLAM - 69.

20 SINDHU. R.

CLERK, KOLLAM DISTRICT CO-OPERATIVE BANK, KOLLAM BRANCH, CHINNAKADA, KOLLAM - 691 001. 21 ADDL.R21. KERALA STATE CO-OPERATIVE BANK LTD., (KERALA BANK), CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM - 695 033, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. WP(C)NOs.18589 & 28699/2019 3

(ADDITIONAL R21 IS SUO MOTU IMPLEADED AS PER ORDER DATED 7/1/2021 IN WP(C)18589/2019.) BY ADVS.

SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2022, ALONG WITH WP(C).28699/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NOs.18589 & 28699/2019 4

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944 WP(C) NO. 28699 OF 2019 PETITIONERS:

1 REKHA JAYAN CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KOLLAM, RESIDING AT REKHA MANDIRAM, MAMPALLIKUNNAM, CHATHANNOOR P.O., KOLLAM DISTRICT, PIN-691572.

2 ANILKUMAR C., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., MANAPPALLY BRANCH, KOLLAM, RESIDING AT MAKKAM THARAYIL, ALUMKADAVU P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690573.

3 RADHAKRISHNAN A., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD.,KOLLAM MAIN BRANCH, KOLLAM, RESIDING AT SREESAILAM, NADUVILAKARA, UMAYANALLOOR, KOLLAM DISTRICT, PIN-691589.

4 SACHU G., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOLLAM MAIN BRANCH, KOLLAM, RESIDING AT PARVATHY MANDIRAM, PALATHARA, THATTAMALA P.O., KOLLAM DISTRICT, PIN-691020.

5 SREEJA P.R., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD.,KARUNAGAPPALLY EVENING BRANCH, KOLLAM, RESIDING AT PARAMTHOTTIL, VADAKKUMTHALA P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690518.

6 MANU W., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD.,KILIKOLLOOR BRANCH, KOLLAM, RESIDING AT BINU BHAVANAM, MALIBHAGOM, CHAVARA SOUTH P.O., KOLLAM DISTRICT, PIN-691584.

7 KISHORE V., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KOLLAM, RESIDING AT VAYALIL PURAYIDOM, VADAKKUM BHAGOM, CITY CENTRAL NAGAR, HOUSE NO.23, NEAR HEAD POST OFFICE, KOLLAM DISTRICT, PIN-691001.

8 SREEKALA ANTHERJANAM M., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD.,KIZHAKKE THERUVU BRANCH, KOLLAM, RESIDING AT WP(C)NOs.18589 & 28699/2019 5

MURIYAMANGATH MADOM, NEELASWARAM P.O., KOTTARAKKARA, KOLLAM DISTRICT, PIN-691505.

9 RAJANIMOL P.K., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., THEVALAKKARA BRANCH, KOLLAM, RESIDING AT DEVAPRIYAM, PADINJATTAKKARA P.O., THEVALAKKARA, KOLLAM DISTRICT, PIN-690524.

10 LEKHA J., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., THENMALA BRANCH, KOLLAM, RESIDING AT CHARUVILEPUTHEN VEEDU, MUSAVERIKUNNU, PUNALUR P.O.,KOLLAM DISTRICT, PIN-691305.

11 BEENA D., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., AYOOR BRANCH, KOLLAM, RESIDING AT NELLIVILA VEEDU, KARINGANNOOR P.O., PUTHENVILA, KOLLAM DISTRICT, PIN-691516.

12 ABDUL RASAK A., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KOLLAM, RESIDING AT ROADVILA VEEDU, KULAPPADOM, NEDUMPANA P.O., KOLLAM DISTRICT, PIN-691576.

13 JEEJA D., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KARAVALUR BRANCH, KOLLAM, RESIDING AT KARIMPINKONATHU VEEDU, YEROOR P.O., KOLLAM DISTRICT, PIN-691312.

14 ANITHA T., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOTTARAKKARA MAIN BRANCH, KOLLAM RESIDING AT PAINGOTTU VEEDU, CHENGAMANADU P.O., KOTTARAKKARA, KOLLAM DISTRICT, PIN-691557.

15 SINDHU R., CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., NEDIYAVILA BRANCH, KOLLAM, RESIDING AT GANESALAYAM, PORUVAZHY NORTH, CHATHAKULAM P.O., KOLLAM DISTRICT, PIN-690520. BY ADVS.

T.R.HARIKUMAR ARJUN RAGHAVAN

RESPONDENTS:

1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-695001.

2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM, KOLLAM DISTRICT, PIN-691001.

WP(C)NOs.18589 & 28699/2019 6

3 THE PART-TIME ADMINISTRATOR, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, P.B.NO.130, CHINNAKADA, KOLLAM, PIN-691001. 4 THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, P.B.NO.130, CHINNAKADA, KOLLAM, PIN-691001.

5 ADDL.R5.MINIMOL.G KURANDIKUZHY VEEDU, SNEHA NAGAR-172,ULIYAKOVIL, KOLLAM-691019.

(IMPLEADED AS PER ORDER IN I.A. 1/2019 DATED 5-11- 2019).

6 ADDL.R6.KERALA STATE CO-OPERATIVE BANK LTD.

(KERALA BANK), CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM - 695003, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

(SUO MOTU IMPLEADED AS PER ORDER DATED 07.01.2021) BY ADVS.

GOVERNMENT PLEADER K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.SABU PULLAN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2022, ALONG WITH WP(C).18589/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT When these matters were called today, Dr.K.P.Satheesan -

learned Senior Counsel, instructed by Sri.K.Sudhinkumar, appearing for

the petitioners in W.P(C)No.18589 of 2019, submitted that the issues

projected in these two writ petitions are no longer relevant because the

petitioners in W.P(C)No.28699 of 2019 have already been regularized in

service by the Society.

2. Sri.T.R.Harikumar - learned counsel appearing for the

instructions as to whether the afore submissions are accurate; but

prayed that if this Court is inclined to close these writ petitions on such

basis, then an opportunity of rehearing be reserved to his clients,

should any further orders are found necessary.

Taking note of the afore submissions, I close W.P(C)No.18589 of

2019; recording that the petitioners therein have already been

quashing the orders impugned to the extent to which the promotions

given to the petitioners have been found to be in excess; but leaving full

liberty to the petitioners in both cases to seek a rehearing, if any further

orders are found warranted.

Sd/-

APPENDIX OF WP(C) 18589/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OFTHE RANKED LIST NO.107/17/DOQ IN CATEGORY NO.020/2014 PUBLISHED BY THE 4TH RESPONDENT WHICH CAME INTO FORCE ON 18.1.2017.

EXHIBIT P2 TRUE COPY OF THE RANKED LIST NO.108/17/DOQ IN CATEGORY NO.021/0014 PUBLISHED BY THE 4TH RESPONDENT WHICH CAME INTO FORCE ON 18.1.2017.

EXHIBIT P3 TRUE COPY OF THE SENIORITY LIST PUBLISHED BY THE 3RD RESPONDENT AS ON SEPTEMBER 2017 EXHIBIT P4 A IST PREPARED BY THE PETITIONER FOR RETIREMENT CACANCIES (FROM 30.11.2014 TO 30.6.2019).

EXHIBIT P5 TRUE COPY OF THE LETTER WRITTEN BY THE FIRST RESPONDENT TO THE REGISTRAR OF CO- OPERATIVE SOCIETES DATED 19.10.2017. EXHIBIT P6 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 8.3.2019.

EXHIBIT P7 TRUE COPY OF THE LIST OF THOSE 33 PERSONS WERE PROMOTED AS JUNIOR ACCOUNTANTS. EXHIBIT P8 TRUE COPY OF THE PROMOTION OF THE LAST 10 PERSONS OUT OF THE 33 DATED 31.5.2019. WP(C)NOs.18589 & 28699/2019 9

APPENDIX OF WP(C) 28699/2019

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE RECRUITMENT RULES OF THE 4TH RESPONDENT BANK.

EXHIBIT P2 A TRUE COPY OF THE PROCEEDING NO.EST/1-

19/7519 DATED 19.03.2019 OF THE GENERAL MANAGER.

EXHIBIT P3 A TRUE COPY OF THE PROCEEDING NO.EST/1-

19/14CA DATED 01.04.2019 OF THE GENERAL MANAGER.

EXHIBIT P4 A TRUE COPY OF THE PROCEEDING NO.EST/4(5)2019/973CA DATED 29.05.2019 OF THE GENERAL MANAGER.

EXHIBIT P5 A TRUE COPY OF THE PROCEEDING NO.EST/5(6) 2019/1033 DATED 31.05.2019 OF THE GENERAL MANAGER.

EXHIBIT P6 A TRUE COPY OF THE DETAILS OF CLERK APPOINTED THROUGH PUBLIC SERVICE COMMISSION FROM 2002 ONWARDS. EXHIBIT P7 A TRUE COPY OF THE STATEMENT SHOWING THE PROMOTION OF SUB STAFF FROM 2002 TO 2019. EXHIBIT P8 A TRUE COPY OF THE PROCEEDING NO.EM(1)3972/2019 DATED 02.07.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 22.07.2019 IN WP(C) NO.19917 OF 2019. EXHIBIT P10 A TRUE COPY OF THE ORDER NO.EM(1)/3972/2019 DATED 21.10.2019 ISSUED BY THE 1ST RESPONDENT.