The Tricur Urban Co-Operaitve Bank vs The Registrar Of Co-Operative ...
2023 Latest Caselaw 12442 Ker

Kerala High Court

The Tricur Urban Co-Operaitve Bank vs The Registrar Of Co-Operative ... on 22 November, 2023

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA,
                             1945

                  WP(C) NO. 38931 OF 2023

PETITIONER:

          THE TRICHUR URBAN CO-OPERATIVE BANK
          AGED 57 YEARS
          LTD NO.87, MISSION QUARTERS, THRISSUR DISTRICT.
          REPRESENTED BY ITS ASSISTANT GENERAL MANAGER IN
          CHARGE, PIN - 680001

          BY ADVS.
          C.D.DILEEP
          SHYLAJA VARGHESE
          M.L.REMYA


RESPONDENTS:

    1     THE REGISTRAR OF CO-OPERATIVE SOCIETIES
          JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
          THAICAUD.P.O, THIRUVANANTHAPURAM, PIN - 685014

    2     THE JOINT REGISTRAR(GENERAL)
          CO-OPERATIVE SOCIETIES, COLLECTORATE, AYYANTHOLE,
          THRISSUR, PIN - 680003

    3     THE ASSISTANT REGISTRAR(GENERAL)
          CO-OPERATIVE SOCIETIES, THRISSUR. SAHAKARANA BHAVAN,
          AYYANTHOLE, THRISSUR, PIN - 680003


          SMT. MARY BEENA JOSEPH, SR. GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C) No.38931 of 2023

                                            2




                                   JUDGMENT

The Trichur Urban Co-operative Bank, a Class I Special Grade Urban

Co-operative bank, is the petitioner herein. The petitioner has approached

this Court, being aggrieved by the non-consideration of applications

submitted before 1st respondent with respect to the appointment of

employees to fill up the vacancies on a contract basis to meet exigencies.

The prayer sought for in this writ petition is as under:

(i) To issue a writ of mandamus any other appropriate writ or order directing the 1st respondent to pass orders in the Ext-P7 and Ext-P8 within a reasonable time period and to grant permission to appoint contract employees under Rule 185 A of Kerala Co-operative societies Rules.

2. Heard the learned counsel appearing for the petitioner and the

learned Government Pleader.

3. Having considered the facts and circumstances and the

submissions made across the bar, this writ petition is disposed of by

ordering as under:

a) There will be a direction to the 1st respondent to take up

Exts.P7 and P8 applications and pass appropriate orders on its

merits and in accordance with law, with notice to the petitioner

as well as affected parties, if any. Orders shall be passed

expeditiously, in any event, within one month from the date of

receipt of a copy of this judgment.

b) The petitioner shall produce a copy of the writ petition along

with the judgement before the concerned respondent for

further action.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

IAP

APPENDIX OF WP(C) 38931/2023

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE STAFF PATTERN OF THE BANK APPROVED BY THE JOINT REGISTRAR, NO.C.R.B.6439/2 DATED 13.01.2003.

Exhibit-P2 A TRUE COPY OF THE FEEDER CATEGORY SUB RULE NO.CRB.2606/2013/K.DIS DATED 03.05.2013 AFTER AMENDMENT CMR.NO.20 DATED 07.11.2012 .

Exhibit-P3 A TRUE COPY OF THE JUDGMENT DATED 22.07.2022 IN WP(C).NO.10469 OF 2022 OF THIS HON'BLE COURT.

Exhibit-P4 A TRUE COPY OF THE ORDER OF JOINT REGISTRAR NO.JRGTSR/839/2022-CRB-1 DATED 29.08.2022.

Exhibit-P5 A TRUE COPY OF THE RESOLUTION OF THE MANAGING COMMITTEE OF THE BANK, CMR NO-13 DATED 20.04.2023.

Exhibit-P6 A TRUE COPY OF THE CIRCULAR NO.20/87 DATED 13.05.1987.

Exhibit-P7 A TRUE COPY OF THE APPLICATION SUBMITTED TO THE 1ST RESPONDENT DATED 08.05.2023

ExhibitP8 A TRUE COPY OF THE APPLICATION DATED 10.11.2023 PENDING BEFORE THE 1ST RESPONDENT