Mini.M vs 1. Kerala Bank (The Kerala State ...
2026 Latest Caselaw 1305 Ker

Citation : 2026 Latest Caselaw 1305 Ker
Judgement Date : 6 February, 2026

[Cites 6, Cited by 0]

Kerala High Court

Mini.M vs 1. Kerala Bank (The Kerala State ... on 6 February, 2026

                                              2026:KER:10723
W.P. (C) No.21001 of 2023
                               1

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

  FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947

                    WP(C) NO. 21001 OF 2023

PETITIONER:

           MINI.M, AGED 44 YEARS, W/O.MONACHAN, RESIDING AT
           KAVUNGAL MELATHIL VEEDU, CHERIYELA, ALUMOODU
           P.O, KOLLAM, PIN - 691 577


           BY ADVS.
           SMT.STIYA SIVAN
           SMT.K.R.RENJU
           SMT.ASITHA M.M.
           SMT.ANILA ANTONY
           SMT.KARTHIKA M.R.
           SMT.ANJITHA APREM




RESPONDENTS:

    1      KERALA BANK (THE KERALA STATE CO-OPERATIVE BANK
           LTD.),
           P.B.NO.    6515,    COBANK    TOWERS,  PALAYAM,
           THIRUVANANTHAPURAM 95REPRESENTED BY ITS CHIEF
           EXECUTIVE OFFICER, PIN - 695 033

    2      THE CHIEF EXECUTIVE OFFICER, KERALA BANK (THE
           KERALA STATE CO-OPERATIVE BANK LTD.), P.B. NO
           6515,       COBANK        TOWERS,     PALAYAM,
           THIRUVANANTHAPURAM, PIN - 695 033

    3      KERALA STATE CO-OPERATIVE BANK (KERALA BANK),
           KANNANALLOOR   BRANCH,   VALIYAVEEDAN  BUILDING,
           KANNANALLOOR P.O KOLLAM, PIN - 691 576

    4      THE REGIONAL MANAGER, KERALA STATE CO-OPERATIVE
                                               2026:KER:10723
W.P. (C) No.21001 of 2023
                                 2

            BANK ( KERALA BANK), VADDY- CIVIL STATION ROAD,
            OPP.COLLECTORATE,   KAANKATHU  MUKKU,   KOLLAM,
            KERALA, PIN - 691 013

    5       CHIEF GENERAL MANAGER, KERALA STATE CO-OPERATIVE
            BANK (KERALA BANK), KERALA STATE CO-OPERATIVE
            BANK LTD, PB NO.6515, CO BANK TOWERS, PALAYAM,
            THIRUVANANTHAPURAM, PIN - 695 033

    6       REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
            SAHAKARANA BHAVAN, DPI JUNCTION, THYCARD P.O,
            KERALA, PIN - 695 014

    7       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
            JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCARD
            P.O, KERALA, PIN - 695 014


            BY ADV SHRI.P.C.SASIDHARAN

            SRI.SUNIL NATH, GP


        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                  2026:KER:10723
W.P. (C) No.21001 of 2023
                                3




                        JUDGMENT

I have heard Smt.Stiya Sivan, the learned Counsel for

the petitioner, Sri.P.C. Sasidharan, the learned Counsel for

respondent Nos.1 to 5, and Sri. Sunil Nath, the learned

Government Pleader for respondent Nos.6 and 7.

2. The petitioner admittedly is working as a part-

time sweeper in the 1st respondent - bank. The complaint of

the petitioner is that she was also eligible to be considered for

promotion to the post of Office Attendant. However, when

Ext.P9 provisional list of part-time employees eligible for

promotion to the post of Office Attendant was prepared, the

petitioner's name was not included, even though the names of

persons junior to her in service and those having the same

seniority as the petitioner were included in Ext.P9. The learned

counsel for the petitioner also relies on the Recruitment Rules

of the 1st respondent Bank, produced as Ext.P1, to contend that

the stand taken by the Bank that the petitioner ought to have

furnished an "option form" is without any justification, as the

Recruitment Rules do not specify any such requirement.

3. Per contra, Sri. P.C. Sasidharan, the learned 2026:KER:10723

counsel for the respondent Bank, would invite the attention of

this Court to the provisions of Section 69(1) of the Kerala Co-

operative Societies Act, 1969 (for short, "the Act"), to contend

that the petitioner's remedy lies elsewhere and that this Court

ought not to interfere. He would also place reliance on the

counter affidavit filed, to point out that, along with Ext.P8

Recruitment Rules, the option form prescribed under the

Circular dated 22.02.2022, specifically referred to in paragraph

6 of the counter affidavit, had not been furnished by the

petitioner.

4. I have considered the rival submissions as

well as the connected records.

5. This Court notices that essentially the

complaint of the petitioner is with reference to the seniority of

the petitioner, as against the persons mentioned at Sl.Nos.42

to 58 of Ext.P9, who are stated to be juniors of the petitioner.

In the aforementioned circumstances, in my opinion, the

dispute as regards the entitlement of the petitioner for

promotion with reference to the promotion proposed for her

juniors has to be highlighted before the authority as prescribed

under the provisions of Section 69(1) of the Act. This court 2026:KER:10723

further notices that the bank has a contention to the effect that

the petitioner has not produced the prescribed option with

reference to the Circular issued by the 1 st respondent. In such

circumstances, the question as to whether the Circular has a

binding effect or has an overriding effect on the rules also

requires to be considered by the authority under the provisions

of Section 69(1) of the Act. This Court also takes note of the

Judgments of this Court in P.S. Ravendran v. State of Kerala

and Others [2007(3) KHC 780] as well as Prakasini v.

Joint Registrar [2006 (1) KLT 199], wherein this Court has

categorically found that the disputes in the aforementioned

nature are required to be considered by the authority under

Section 69(1) of the Act.

In such circumstances, I am of the opinion that it is for

the petitioner to approach the authority under Section 69(1) of

the Act. Leaving open the afore remedy to the petitioner, this

writ petition would stand disposed of.

Sd/-

HARISANKAR V. MENON JUDGE PR 2026:KER:10723

APPENDIX OF WP(C) NO. 21001 OF 2023

PETITIONER EXHIBITS

Exhibit P-1 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 05/11/2005 ISSUED BY THE GENERAL MANAGER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD Exhibit P-2 A TRUE COPY OF THE JUDGMENT DATED 28/08/2008 OF THIS HON'BLE COURT IN

Exhibit P-3 A TRUE COPY OF THE LETTER DATED 20/09/2008 ISSUED BY THE THEN DEPUTY GENERAL MANAGER, KOLLAM DISTRICT CO- BANK LTD Exhibit P-4 A TRUE COPY OF THE CIRCULAR OFFICE MEMORANDUM DATED 26/02/2008 ISSUED BY THE GENERAL MANAGER, KOLLAM DISTRICT CO-BANK LTD Exhibit P-5 A TRUE COPY OF THE JUDGMENT DATED 09/02/2012 OF THIS HON'BLE COURT IN W.P

Exhibit P-6 . A TRUE COPY OF THE CIRCULAR OFFICE MEMORANDUM DATED 05/03/2014 ISSUED BY GENERAL MANAGER, KOLLAM DISTRICT CO- OPERATIVE BANK LTD Exhibit P-7 A TRUE COPY OF THE CIRCULAR OFFICE MEMORANDUM DATED 25/01/2016 ISSUED BY GENERAL MANAGER, KOLLAM DISTRICT CO- OPERATIVE BANK LTD Exhibit P-8 A TRUE COPY OF THE GO(P)NO.

119/2021/CO-OP DATED 02/08/2021 Exhibit P-9 A TRUE COPY OF THE MEMORANDUM NO.

522/2022-23 DATED 29/04/2022 Exhibit P-10 A TRUE COPY OF THE JUDGMENT DATED 10/06/2022 IN W.P(C) 16001/2022 OF THE HON'BLE HIGH COURT OF KERALA Exhibit P-11 A TRUE COPY OF THE ORDER DATED 01/08/2022 ISSUED BY THE 3RD RESPONDENT Exhibit P-12 . A TRUE COPY OF THE JUDGMENT DATED 28/10/2022 IN W.P(C) 29031/2022 OF THIS HON'BLE HIGH COURT Exhibit P-13 A TRUE COPY OF THE LETTER DATED 29/12/2022 ISSUED BY THE 5TH RESPONDENT 2026:KER:10723

Exhibit P-14 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 18/01/2023 ISSUED BY THE TRAVAN CORE MEDICAL COLLEGE HOSPITAL KOLLAM Exhibit P-15 A TRUE COPY OF THE ORDER DATED 31/01/2023 ISSUED BY THE 2ND RESPONDENT Exhibit P-16 A TRUE COPY OF THE JUDGMENT DATED 29/05/2023 OF THIS HON'BLE COURT IN CON