Chithra Puthanpurayil vs The Kerala State Co-Operative ...
2023 Latest Caselaw 4160 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                   WP(C) NO. 29871 OF 2016
PETITIONER:

          CHITHRA PUTHANPURAYIL
          AGED 43 YEARS, D/O. RAGUNATHAN,
          NADUKKANDY HOUSE, KUNNIRIKKA,
          PATHIRIYAD P.O., KANNUR DISTRICT - 670741.
          BY ADVS.
          SRI.ABRAHAM K.JOHN
          SMT.C.G.ARUNDHATHI
          SRI.P.K.BALAKRISHNAN

RESPONDENTS:

    1     THE KERALA STATE CO-OPERATIVE
          HOUSING FEDERATION LTD.NO. 4330,
          P.B. NO. 1896, KALOOR,
          ERNAKULAM, KOCHI - 682 017,
          REPRESENTED BY ITS MANAGING DIRECTOR.
    2     THE MANAGING DIRECTOR
          KERALA STATE CO-OPERATIVE
          HOUSING FEDERATION LTD., NO. 4330,
          P.B. NO. 1896, KALOOR,
          ERNAKULAM, KOCHI - 682 017.
    3     KERALA PUBLIC SERVICE COMMISSION
          REPRESENTED BY ITS SECRETARY,
          OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION,
          PATTOM PALACE P.O.,
          THIRUVANANTHPURAM-695004.
    4     THE STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT, CO-
          OPERATIVE DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    5     RAJIV GANDHI HOUSE CONSTRUCTION
          CO-OPERATIVE SOCIETY LIMITED NO. C 1598,
          KUTHUPARAMBA, KANNUR DISTRICT-670643,
          REPRESENTED BY ITS SECRETARY.
          BY ADVS.SRI.A.R.EASWAR LAL
          SRI.P.GOPALAKRISHNAN MVA
          SRI.KALEESWARAM RAJ
 WP(C).No.29871/2016

                             2



           SRI.A.N.RAJAN BABU
           SRI.P.C.SASIDHARAN, SC, KPSC
           SRI.K.M.FAISAL, GP



    THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 31.03.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29871/2016

                                      3




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.29871 of 2016
             ----------------------------------------------
            Dated this the 31st day of March, 2023


                             JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 2 to permit the petitioner to join duty as Junior Clerk as per Exhibit P4 Advice Memo and P5 Appointment order with effect from 13-07-2016.

ii. Issue a writ of certiorari or any other writ, order or direction quashing Exhibit P7 order passed by the 2nd respondent iii. To grant such other and further reliefs deems fit and proper in the circumstances of the case.

(SIC)

2. The main prayer in this writ petition is for issuing a

direction to respondents 1 and 2 to permit the petitioner to

join duty as Junior Clerk as per Ext.P4 advice memo and

Ext.P5 appointment order, with effect from 13.07.2016.

3. When this writ petition came up for consideration WP(C).No.29871/2016

on 30.03.2023, there was no representation for the petitioner.

Today also there is no representation. The counsel for

respondents 1 and 2 submitted that, in the counter affidavit, it

is stated that, the petitioner already joined back in the 5 th

respondent Society. The Standing Counsel for the Public

Service Commission submitted that the vacancy was reported

as Non Joining Duty (NJD) vacancy and steps are being taken

up to fill up that vacancy.

If that be the case, this writ petition need not be retained

indefinitely. The Public Service Commission will do the

needful in accordance with law.

With the above observation, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.29871/2016

APPENDIX OF WP(C) 29871/2016

PETITIONER EXHIBITS P1 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 15/06/2011 IN PART II CATEGORY NO. 139/2011 (SOCIETY CATEGORY) P2 TRUE COPY OF THE GAZETTE NOTIFICTION DATED 15/06/2011 IN PART I, CATEGORY NO.138 (GENERAL CATEOGORY) P3 TRUE COPY OF THE RANKED LIST IN SOCIETY CATEGORY NO. 139/2011 WITH NO. 82/2016/ERIII.

P4 TRUE COPY OF THE ADVICE MEMO NO. RID (1) 3657/2016/GW DATED 05/04/2016 OF THE 3RD RESPONDENT P5 TRUE COPY OF THE OREER NO.

9536/EST/(92A)/2016 OF THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LIMITED DATED 30/06/2016 P6 TRUE COPY OF THE REPRESNTATION DATED 18/07/2016 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT P7 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 13/07/2016 P8 TRUE COPY OF THE LETTER DATED 10/05/2011 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM T0 THE 5TH RESPONDENT P9 TRUE COPY OF THE ORDER DATED 07/09/2012 PASSED BY THE 4TH RESPONDENT P10 TRUE COPY OF THE ORDER NO. H V (1) 25771/2012 PASSED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 16/04/2013 P11 TRUE COPY OF THE APPLICATION DATED 18/12/2012 UNDER THE RIGHT TO INFORMATION ACT TO THE PUBLIC INFORMATION OFFICER, REGISTRAR OF CO- OPERATIVE SOCIETIES WP(C).No.29871/2016

P12 TRUE COPY OF THE REPLY DATED 08/01/2013 WITH NO. H.V (1) 55548/2012 OF THE PUBLIC INFORMATION OFFICER P13 COPY OF THE APPLICATION DATED 23.7.2016 SUBMITTED BEFORE THE PRESIDENT OF HTE 5TH RESPONDENT SOCIETY RESPONDENTS' EXHIBITS R3(A) COPY OF THE COMMUNICATION DATED 18.11.2016 R1(A) COPY OF HTE COMMUNICATION ADVICE MEMO DATED 5.4.2016 ISSUED BY THE KPSC TO THE 1ST RESPONDENT FEDERATION R1(B) COPY OF THE COMMUNICATION DATED 14.8.07 ADDRESSED TO 5TH RESPONDENT BY THE MANAGING DIRECTOR THE 1ST RESPONDENT INTIMATING R1(C) COPY OF HTE APPEAL FILED BEFORE THE GOVERNMENT R1(D) COPY OF THE ORDER ORDINARY NO.816/2013/COOP DATED 17.12.13