Kerala High Court
Shani.M vs State Of Kerala on 12 April, 2024
WP(C) No.15103/2024 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
WP(C) NO. 15103 OF 2024 (K)
PETITIONERS:
1. SHANI.M, AGED 44 YEARS, MADHUVANATH HOUSE, KURIKKATHOOR,
KUNNAMANGALAM.P.O., KOZHIKODE, PIN - 673 570.
2. REJINA.P, AGED 42 YEARS, KANDIYIL HOUSE, MANGOTTU VAYAL,
KOTTOOLI.P.O., KUTHIRAVATTOM, KOZHIKODE, PIN - 673 016.
3. VIJITH.K.P, AGED 38 YEARS, S/O ASOKAN, KUTTIPURATH, AMBALATHU
KULANGARA, CHELANNUR, KOZHIKODE, PIN - 673 616.
4. JISHANTH.K.C, AGED 35 YEARS, S/O KUNHIKANNAN, KUZHICHALIL HOUSE,
NOCHAD.P.O., NADUVANNUR(VIA), KOZHIKODE, PIN - 673 614.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, CO-OPERATIVE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2. KOZHIKODE DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, KOZHIKODE,
REPRESENTED BY ITS GENERAL MANAGER, PIN - 673 001.
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA STATE,
THIRUVANANTHAPURAM, PIN - 695 001.
4. KERALA STATE CO-OPERATIVE BANK LTD (KERALA BANK), CO-BANK TOWERS,
PALAYAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF EXECUTIVE
OFFICER, PIN - 695 033.
5. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695 033.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Ext.P5 or in the
alternate to keep 4 post in the cadre of Clerk/Cashier in the District of
Kozhikode and not to fill up the 4 post of Clerk/Cashier pending disposal
of the Writ Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S B.S.SWATHI KUMAR, ANITHA RAVINDRAN, HARISANKAR N UNNI, K.MINI MOLE
(M-1356), SHERIN SUNNY, Advocates for the petitioner, the court passed the
following:
p.t.o
WP(C) No.15103/2024 2/4
WPC 14971 and 15103 of 2024 -1-
BASANT BALAJI, J.
- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - -
I.A. Nos.1 of 2024 in WP© No.14971 and 15103 of 2024
- - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -
ORDER
(Dated this the 12th day of April 2024)
The I.A. are Allowed
Writ Petitions.
2. As per Ext. P2, there was a direction to the respondent
Kozhikode District Co-operative Bank to report 83 vacancies
to the PSC and it was clear that the PSC need not advise any
candidte without determination of actual number of vacancies
by this court. Subsequently the above writ petitions were
disposed of by judgment dated 12.7.2022 and learned single
judge of this Court passed the following order:
"Finally, it does not require this Court to say specifically
but, as regards the vacancies that have already been reported on
the orders of this Court, the sole factum of the expiry of the
Rank List will not stand in the way of the petitioners being
granted benefits; provided they are found eligible based on the
ranking in the said List, as also other criteria and qualifications
as are imperative."
3. Now Ext. P7 is issued on 09/04/2024 for the post of
Clerk/Cashier in the Kerala State Co-operative Bank Ltd and
the last date is fixed for 15/05/2024. Therefore, there will be
an interim direction to the respondent KPSC not to fill up the
83 vacancies already reported to the PSC earlier.
Sd/
BASANT BALAJI, JUDGE.
dl/
12-04-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 15103/2024
Exhibit P2 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO. 26652/2020
DATED 8-12-2022
Exhibit P5 TRUE COPY OF THE PUBLICATION NO.
P.R.(1)9597/2024/G.W/11 DATED 18-3-2024 PUBLISHED BY
THE 5TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE NOTIFICATION IN CATEGORY NO. 64/2024
DATED 9-4-2024 OF THE 5TH RESPONDENT.
12-04-2024 /True Copy/ Assistant Registrar
