Sinimol K.B vs State Of Kerala
2023 Latest Caselaw 8306 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                        WP(C) NO. 5901 OF 2023
PETITIONERS:

    1     SINIMOL K.B.,
          AGED 43 YEARS,
          W/O. ISMAIL, PART TIME SWEEPER, KADAVOOR SERVICE
          CO-OPERATIVE BANK LTD. NO. 1882, KADAVOOR P.O.,
          MUVATTUPUZHA, ERNAKULAM - 686 671.PHONE:9526294120.
    2     SINDHU XAVIER,
          AGED 44 YEARS,
          W/O. BINOY V.K., PART TIME SWEEPER, KADAVOOR SERVICE
          CO-OPERATIVE BANK LTD. NO. 1882, KADAVOOR P.O.,
          MUVATTUPUZHA, ERNAKULAM - 686 671, PHONE: 9747105235.
          BY ADVS.
          P.MOHANDAS (ERNAKULAM)
          K.SUDHINKUMAR
          SABU PULLAN
          GOKUL D. SUDHAKARAN
          R.BHASKARA KRISHNAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
    2     THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
          OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
          JAWAHAR SAHAKARANA BHAVAN, THYCAUD,
          THIRUVANANTHAPURAM- 695 014.
    3     THE JOINT REGISTRAR (GENERAL),
          OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES, KAKKANAD, ERNAKULAM - 682 030.
    4     THE KADAVOOR SERVICE CO-OPERATIVE BANK LTD. NO. 188,
          REPRESENTED BY ITS SECRETARY, KADAVOOR P.O.,
          MUVATTUPUZHA, ERNAKULAM - 686 671.
          BY SMT.C.S.SHEEJA, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5901 OF 2023
                                   2



                            JUDGMENT

The petitioners, who are Part Time Sweepers working in

the 4th respondent Bank, submit that the feeder category rules of

the 4th respondent must be suitably modified to enable them to

be promoted as peons. The learned counsel for the petitioners

would submit that the petitioners will be satisfied if a direction

is issued to the 4th respondent to consider Ext.P9

representation, in accordance with the law.

2. The learned Senior Government Pleader appearing

for the official respondents would contend firstly that this writ

petition is not maintainable before this Court in the light of the

law laid down by this Court in Prakasini v. Joint Registrar

[2006 (1) KLT 199]. It is submitted that the claim of the

petitioners as contained in Ext.P9 is clearly not tenable as the

petitioners are not in the feeder category and they cannot seek

to be promoted as peons. It is also submitted that the Joint

Registrar of Co-operative Societies had already informed the

petitioners that their claim cannot be considered. WP(C) NO. 5901 OF 2023

Having heard the learned counsel for the petitioners and

the learned Government Pleader, I am convinced that in the

light of the law laid down in Prakasini (supra), this writ petition

is not maintainable. Even if it were maintainable, the

petitioners have no claim for promotion under the feeder

category Rules. The claim of the petitioners have already been

considered and rejected by the 3rd respondent through Ext.P8

communication. I see no ground made out to take a different

view. Ext.P8 is not even challenged in this writ petition. Ext.P6

circular of the Registrar of Co-operative Societies also prohibits

the consideration of the claim of the petitioners. Therefore, the

petitioners are clearly not entitled to any relief.

The writ petition fails. It is accordingly dismissed.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 5901 OF 2023

APPENDIX OF WP(C) 5901/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 1ST PETITIONER DATED 10-08-2006 Exhibit-P2 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 2ND PETITIONER DATED 10-08-2006 Exhibit-P3 TRUE COPY OF THE GOVERNMENT ORDER G.O. (RT)NO. 509/2018/COOP DATED 13- 08-2018 Exhibit-P4 TRUE COPY OF THE FEEDER CATEGORY SUB RULE OF THE 4TH RESPONDENT BANK APPROVED BY THE 2ND RESPONDENT DATED 24-10-2001 Exhibit-P5 TRUE COPY OF LETTER GIVEN BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 30-12-2004 Exhibit-P6 TRUE COPY OF THE CIRCULAR NO. 13/11 ISSUED BY THE 2ND RESPONDENT DATED 7- 2-2011 Exhibit-P7 TRUE COPY OF THE COMMITTEE DECISION NO. 15/6 DATED 21-6-2017 OF THE 4TH RESPONDENT BANK Exhibit-P8 TRUE COPY OF THE LETTER NO. C.R.P.

(1)/1044/2022 DATED 14-06-2022 GIVEN BY THE 3RD RESPONDENT TO THE 1ST PETITIONER Exhibit-P9 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT DATED 20-01-2023 Exhibit-P10 TRUE COPY OF THE COMMUNICATION NO.

2/2 DATED 2-2-2023 GIVEN BY THE 4TH RESPONDENT