Kerala High Court
Thomas Emmanuel vs The Registrar Of Co-Operative ... on 27 March, 2024
1
WPC 43249/23
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 43249 OF 2023
PETITIONER/S:
1 THOMAS EMMANUEL AGED 31 YEARS S/O. K. G. EMMANUEL, KAKKATTIL HOUSE,
KANJIRAPPALLY P.O., KOTTAYAM, PIN - 686507
2 LINTUMON JOSEPH AGED 35 YEARS S/O. JOSE MATHEW, EZHUKUNNEL HOUSE,
PANACHIPPALLY P.O., KOTTAYAM, PIN - 686518
3 LINU GEORGE AGED 25 YEARS D/O. GEORGE SEBASTIANE, ANITHOTTATHIL,
VIZHIKKATHODU P.O., KANJIRAPPALLY, KOTTAYAM, PIN - 686518
4 SRUTHY M. J AGED 29 YEARS W/O. VISHNU MOHAN, KUNNATHUVAYAL,
PONKUNNAM P.O., KOTTAYAM, PIN - 686506
5 ANANDHU P. PRASAD AGED 22 YEARS S/O. PRASAD, PULLOLIL HOUSE,
VIZHIKKATHODE P.O, KANJIRAPPALLY, KOTTAYAM, PIN - 686518
BY ADVS. LIJI.J.VADAKEDOM, TOM E. JACOB REXY ELIZABETH THOMAS ATHUL
V. VADAKKEDOM
RESPONDENT/S:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCAUD P.O, THIRUVANANTHAPURAM, PIN - 695014
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOTTAYAM,
COLLECTORATE P.O., KOTTAYAM, PIN - 686002
3 THE KANJIRAPPALLY SERVICE CO-OPERATIVE BANK LTD NO.2061 REPRESENTED
BY ITS SECRETARY, P.B. NO. 2, KANJIRAPPALLY, KOTTAYAM DISTRICT, PIN
- 686507
OTHER PRESENT:
SC SRI. P.C SASIDHARAN, SR GP SMT K.K. PREETHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC 43249/23
JUDGMENT
(Dated this the 27th day of March 2024)
The petitioners were appointed to the post of office
attendant/salesman in the 3rd respondent bank under Ext.P1
series of orders. While so, WP(C) 27860 of 2022 was filed before
this court challenging the appointments of the petitioners. This
court, by judgment dated 11.10.2022, directed the Joint Registrar
to take a decision. Pursuant to the said judgment, Ext.P4 order
was passed cancelling the appointment of the petitioners on the
ground that the bank had notified only one vacancy, but the
appointments made were to 7 persons. There were a series of
litigations in respect of the appointment and ultimately, by Ext.P8
order of the Joint Registrar the appointment of the petitioners was
cancelled. The petitioner therefore approached this court through
this Writ Petition for a direction to the 3rd respondent to disburse
the salary to the petitioners for the period they had worked in the
3rd respondent bank.
2. A counter affidavit is filed on behalf of 3rd respondent in
which it is contended that for a single post of attender/salesman,
a notification was issued. The petitioners were appointed
believing that existing vacancies can also be filled up in excess of
the notified vacancies. Since the appointment of the petitioners
have been held not in order and has been set aside by the Joint
Registrar, the petitioners cannot claim the service benefits of the
society.
3. The counsel for the petitioners relied on a judgment of
the apex court in Man Singh v. The State of Uttar Pradesh
(2022 SCC Online SC 726), wherein the apex court had an
occasion to consider a similar issue and held that even if the
appointment was irregular, the appellant who had discharged the
duties has to be paid wage or salary due to him, the State cannot
take any work from any employee without being paid any salary.
In view of the said dictum laid down by the apex court as above,
the petitioners are entitled to succeed.
4. Therefore, there will be a direction to the 3rd respondent
Bank to disburse the salary to the petitioners for the period they
had worked in the 3rd respondent bank. The necessary orders
shall be passed and the amount shall be disbursed within a period
of 3 months from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of with the above directions.
Sd/-
BASANT BALAJI, JUDGE
dl/
APPENDIX OF WP(C) 43249/2023
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE APPOINTMENT ORDER NO. STF/2483/2022 DATED
19.8.2022 ISSUED FROM THE PRESIDENT OF THE 3RD RESPONDENT-
BANK TO THE 1ST PETITIONER
Exhibit P1(a) COPY OF THE APPOINTMENT ORDER NO. STF/2486/2022 DATED
19.8.2022 ISSUED FROM THE PRESIDENT OF THE 3RD RESPONDENT-
BANK TO THE 2ND PETITIONER
Exhibit P1(b) COPY OF THE APPOINTMENT ORDER NO. STF/2485/2022 DATED
19.8.2022 ISSUED FROM THE PRESIDENT OF THE 3RD RESPONDENT-
BANK TO THE 3RD PETITIONER
Exhibit P1(c) THE COPY OF THE APPOINTMENT LETTER NO. STF/2487/2022 DATED
19.8.2022 ISSUED FROM THE PRESIDENT OF THE 3RD RESPONDENT-
BANK TO THE 4TH PETITIONER
Exhibit P1(d) COPY OF THE APPOINTMENT LETTER NO. STF/2482/2022 DATED
19.8.2022 ISSUED FROM THE PRESIDENT OF THE 3RD RESPONDENT-
BANK TO THE 5TH PETITIONER
Exhibit P2 COPY OF THE PROCEEDINGS NO. STAFF/2494/22 DATED 20.8.2022
OF THE SECRETARY OF THE 3RD RESPONDENT-BANK
Exhibit P3 COPY OF THE JUDGMENT DATED 11/10/2022 IN WP(C) NO.
27860/2022 BEFORE THE HONOURABLE HIGH COURT OF KERALA
Exhibit P4 COPY OF THE ORDER NO. JRGKTM/1716/2022-CRP(2) DATED
2.3.2023 PASSED BY THE JOINT REGISTRAR
Exhibit P5 COPY OF THE COMMUNICATION NO. HO/2684/23 DATED 10.3.2023
(WRONGLY SHOWN AS 10.2.2023) ISSUED FROM THE 3RD
RESPONDENT-BANK TO THE PETITIONERS
Exhibit P6 COPY OF THE ORDER DATED 30.3.2023 IN WP(C) NO. 11587/2023
PASSED BY THIS HONOURABLE COURT
Exhibit P7 COPY OF THE JUDGMENT DATED 12/7/2023 IN WP(C) NO.
11587/2023 AND WP(C)NO. 21056/2023 BEFORE THIS HONOURABLE
COURT
Exhibit P8 COPY OF THE ORDER NO. JRG/KTM/1167/2023-CRP2 DATED
2.9.2023
Exhibit P9 COPY OF THE COMMUNICATION DATED 19.10.2023 ISSUED BY THE
3RD RESPONDENT TO THE PETITIONERS
