Disposed

Ajayan B.S. v. Alappuzha District Co-Op. Bank Rep.Gener

Kerala HC30 Jan 2008WP(C)/8885/2007

Case brief

AI extract

What is this about?

The Court directed the Government to reconsider the Registrar of Co-operative Societies' order limiting staff intake and its sustainability under statutory rules. The decision on vacancies and appointments awaits the Government's final ruling within two months; other issues remain open.

What did the court decide?

Directed the Government to consider the Registrar's restriction under Appendix III of Kerala Co-operative Societies Rules within two months and decide on its sustainability.

Ajayan B.S. Vs Alappuzha District Co-Op. Bank Rep.Gener — Service and Employment | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

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WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929

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WP(C).No. 8885 of 2007(G)

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-------------------------------------

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PETITIONER:

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-------------------

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AJAYAN.B.S., PEEDIYACKAL, MUHAMMA P.O., CHERTHALA.

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BY ADV. SRI.D.SOMASUNDARAM.

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RESPONDENTS:

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-----------------------

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1. ALAPPUZHA DISTRICT CO-OPERATIVE BANK, REPRESENTED BY ITS GENERAL MANAGER.

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2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM.

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BY ADV. SRI.V.G.ARUN,SC,ALAPPUZHA DIST.CO.OP.BANK, ADV. SRI. P.C. SASIDHARAN, SC, KPSC.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2008, ALONG WITH W.P.(C). NO. 22789/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.8885/2007-G:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P.1: COPY OF THE ORDER OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA, THIRUVANANTHAPURAM DTD. 31/12/2004.

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EXT.P.2: COPY OF THE INTERIM ORDER DTD. 30/09/2005 IN W.P.(C). NO. 26202/05 OF THIS HONOURABLE COURT.

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EXT.P.3: COPY OF THE JUDGMENT DTD. 03/10/2006 IN W.P.(C). NO. 26202/2005 (T) OF THIS HONOURABLE COURT.

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EXT.P.4: COPY OF THE PART-II OF THE RANK LIST.

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RESPONDENT'S EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE

prv.

THOTTATHIL B. RADHAKRISHNAN, J.

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= = = = = = = = = = = = = = = = = = = = = = = =

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WP(C).Nos.8885/2007-G & 22789/2007-K

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= = = = = = = = = = = = = = = = = = = = = = = =

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Dated this the 30^th day of January, 2008. JUDGMENT

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1.The issue in these writ petitions relates to the recruitment of Peons in the Alappuzha District Co-operative Bank.

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2.By an interim order in an earlier writ petition, it was directed that the bank will report 20 vacancies. The said writ petition was disposed of directing that the vacancy position on the basis of Appendix III of the Kerala Co-operative Societies Rules has to be determined and appointments regulated accordingly from among the reported vacancies.

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3.These writ petitions are filed stating that the total number of vacancies ultimately reported is

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WP(C)8885 & 22789/07 -: 2 :-

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much below the available limit and therefore, the petitioners stand excluded from appointment.

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4.In answer, the bank relies on Ext.R2(a) in WP(C). 22789/2007 whereby there is a restriction imposed by the Registrar of Co-operative Societies on further intake of staff even when new branches are permitted.

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5.This, according to the learned counsel for the petitioners, is plainly opposed to the statutory provisions.

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6.Under such circumstances, these writ petitions are disposed of directing that if any among the petitioners or the bank challenges Ext.R2(a) before the Government by filing appropriate appeal or revision, as the case may be, the Government shall consider the same and take a final decision on the sustainability of Ext.R2(a) decision of the Registrar of Co-operative

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WP(C)8885 & 22789/07 -: 3 :-

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Societies in accordance with the statutory dictates in the Act, with particular reference to Appendix III of the Kerala Co-operative Societies Rules, within an outer limit of two months from the date of receipt of a copy of this judgment. The parties will then stand regulated by such decision in the matter of ascertaining the vacancies and making appointments. All other issues are left open.

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THOTTATHIL B. RADHAKRISHNAN, JUDGE.

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Sha/

Ajayan B.S. v. Alappuzha District Co-Op. Bank Rep.Gener

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Ajayan B.S. v. Alappuzha District Co-Op. Bank Rep.Gener

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