Kerala High Court
Elampal Service Co-Operative Bank ... vs State Of Kerala on 4 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 18215 OF 2024
PETITIONER:
ELAMPAL SERVICE CO-OPERATIVE BANK LTD.NO.604
ELAMPAL.P.O., PUNALUR, KOLLAM, REPRESENTED BY ITS
PRESIDENT, PIN - 691322
BY ADVS.
B.S.SWATHI KUMAR
HARISANKAR N UNNI
ANITHA RAVINDRAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL
CIVIL STATION, KACHERI.P.O., KOLLAM, PIN - 691013
3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
MINI CIVIL STATION, PUNALUR.P.O, KOLLAM, PIN - 695305
OTHER PRESENT:
SR GP SMT MARY BEENA JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18215 OF 2024
2
BASANT BALAJI J.
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W.P.(C )No. 18215 of 2024
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Dated this the 4th day of June, 2024
JUDGMENT
This writ petition is filed by a Service Co-operative bank,
represented by its president. The Head office of the bank is
situated at Elampal and has four branches, namely Kariyara
Branch, Vilakudy Branch, Manjamonkala Branch and Head Office
Main Branch.
2. As per G.O.P No.2/2010/Co-operation dated
04.01.2010 the government revised the classification norms and
staff pattern of different kinds of societies and made clear that
societies having branches can appoint one Branch Manager , one
Clerk, and one Peon for each branch with the approval of the
Registrar. It was also made clear that the newly sanctioned
branches should run by deploying the existing staff of the bank
and the additional post can be sanctioned only after one year of
the functioning of the branch and after assessing the transaction
of each branch. Accordingly, as per Exhibit P4, one post of peon
WP(C) NO. 18215 OF 2024
has been sanctioned to Karayara and Vilakkudi Branch. Another
post of Branch Manager was sanctioned as per Exhibit P5. The
petitioner seeking various additional posts of Peon, Clerk, and
Branch Manager for the four branches and for the evening and
morning branches of the society, filed representations before the
Joint Registrar and approached this Court, filing WP(C)
Nos.14362/2024, 15206/2024 and 15314/2024. This Court
directed the Joint Registrar to consider and pass orders on the
applications for the additional posts within a time frame. The
society reported four vacancies of Junior Clerk to the
examination board after effecting one promotion. Though a
rank list was prepared and advices were issued none of them in
the list joined the service. Therefore, the managing committee
effected promotion to the post of Junior Clerk from the feeder
category. The society had informed the examination board
about the nonjoining of the duty and sought the issuance of
advice to the next rank holders. An inspection team inspected
the society and noted that there is contravention of the
prescribed ratio with regard to promotion and direct recruitment
in the appointment of Junior Clerk. The Assistant Registrar
WP(C) NO. 18215 OF 2024
General issued a direction to the society and the Managing
Committee to rectify the defects noted in the inspection report
within seven days and file a report. The Managing Committee
thereafter met on 27.03.2024 and decided to seek exemption
from the provisions of the Act and Rules regarding the
prescription of ratio for effecting appointments to the post of
Junior Clerk from the Government. Exhibit P8 is the application
dated 04.04.2024 pending before the Government without
orders.
3. The learned counsel appearing for the petitioner
submitted that if Exhibit P8 is directed to be disposed of within a
time frame, the petitioner would be satisfied for the time being
and till such time, Exhibit P7 may be kept in abeyance.
4. The learned Government Pleader submitted that if the
request is only for the disposal of Ext.P8, the same would be
disposed of inaccordance with law, but till such time Ext.P7
cannot be kept in abeyance because it was issued on the basis of
the inspection conducted by the inspection team.
5. Exhibit P8 is the request by the Secretary in charge of
the bank to the government for granting exemption regarding
WP(C) NO. 18215 OF 2024
the prescription of ratio for effecting appointments to the post of
Junior Clerk. The said request is pending without any orders.
Therefore, I am of the considered opinion that, a direction can
be issued to the 1st respondent to take up Exhibit P8 and pass
appropriate orders within a time frame.
In the result, this writ petition is disposed of, directing the
1st respondent to take up Ext.P8 and pass appropriate orders
within two months from the date of receipt of a certified copy of
this judgment. Till such time, Ext.P7 shall be kept in abeyance.
Sd/-
BASANT BALAJI
JUDGE
saap
WP(C) NO. 18215 OF 2024
APPENDIX OF WP(C) 18215/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO.
CRP(2)9099/15/K.DIS DATED 25-2-2016 OF THE
2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE ORDER NO. CRP
514/2013/K.DIS DATED 1-9-2014 OF THE 2ND
RESPONDENT.
Exhibit P3 TRUE COPY OF THE ORDER NO. CRP
1273/2016/K.DIS DATED 17-3-2016 OF THE 2ND
RESPONDENT.
Exhibit P4 TRUE COPY OF THE ORDER NO. CRP (2)
6631/2011 DATED 22-11-2012 OF THE 2ND
RESPONDENT.
Exhibit P5 TRUE COPY OF THE ORDER NO. CRP(2)
513/13/K.DIS DATED 15-7-2013 OF THE 2ND
RESPONDENT.
Exhibit P6 TRUE COPY OF THE COMMUNICATION NO. 44/2024
DATED 17-2-2024 TO THE DEPUTY REGISTRAR,
KERALA STATE CO-OPERATIVE SERVICE
EXAMINATION BOARD.
Exhibit P7 TRUE COPY OF THE ORDER NO. P 58/2024 DATED
21-2-2024 OF THE 3RD RESPONDENT ALONG WITH
INSPECTION REPORT.
Exhibit P8 TRUE COPY OF THE APPLICATION NO. 94/2024
DATED 4-4-2024 TO THE GOVERNMENT SECRETARY,
CO-OPERATIVE DEPARTMENT.
