Dismissed

Rajidas v. the Registrar

Kerala HC5 Nov 2012WP(C)/12055/2007

Case brief

AI extract

What is this about?

The petitioner challenged the failure of the respondent bank to report vacancies to the Public Service Commission, alleging numerous unfilled posts. Dismissing the petition, the Court held it could not issue instructions where a computerisation programme existed and no appointment proposals were under consideration. The argument that vacancies could not be directed because the rank list was publis

What did the court decide?

The writ petition seeking direction to report vacancies is dismissed.

Rajidas Vs the Registrar — Pension and Retirement Benefits | Kerala HC (2012)

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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 A.M.SHAFFIQUE

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MONDAY, THE 5TH DAY OF NOVEMBER 2012/14TH KARTHIKA 1934

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WP(C).No. 12055 of 2007 (I)

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PETITIONER(S):

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RAJIDAS, AGED 33 YEARS, S/O.PRABHAKARAN, PUTHENVELI, S.N.PURAM PO, CHERTHALA ALAPPUZHA.

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BY ADVS.SRI.C.V.MANUVILSAN SRI.P.K.KHALEEMUDHEEN SRI.G.SUDHEER (THURAVOOR) SRI.A.M. MAJIDA

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RESPONDENT(S):

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1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.

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

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

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R2 BY ADV. SRI.V.G.ARUN,SC, DISTRICT CO-OPERATIVE BANK BY SRI P.C.SASIDHARAN, SC, PUBLIC SERVICE COMMISSION, BY SRI.ALEXANDER THOMAS,SC,KPSC BY GOVERNMENT PLEADER SRI.VIJU THOMAS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MNS

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: TRUE PHOTOCOPY OF THE INTERIM ORDER IN WRIT PETITION (C) NO 34129/2004

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EXT.P2: TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WRIT PETITION(C) NO 34129/2004

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EXT.P3: TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WA.NO.2190/2005

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EXT.P4: TRUE PHOTOCOPY OF THE LETTER NO.26860 DATED 21.01.2006

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EXT.P5: TRUE PHOTOCOPY OF THE EXTRA ORDINARY GAZETTE NOTIFICATION DATED 25.04.2006

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EXT.P6: TRUE PHOTOCOPY OF THE RESOLUTION NO.17 PASSED BY THE BOARD OF DIRECTORS OF 2ND RESPONDENT.

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EXT.P7: TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WRIT PETITION (C) NO 173/2006

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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P A TO JUDGE

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**A.M.SHAFFIQUE, J * * * * * * * * * * * * *** W.P.C.No.12055 of 2007

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Dated this the 5^th day of November 2012

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J U D G M E N T

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This writ petition is filed inter alia seeking a direction to the 2^nd respondent, to report existing vacancies to the 3^rd respondent. It is alleged that there are several vacancies in the 2^nd respondent bank which are not being reported. On 23/11/2007, this Court had taken note of the submission made by the counsel for 2^nd respondent that there is no proposal to make any appointments in view of computerization programme.

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In that view of the matter, I do not think that this Court can direct the 2^nd respondent to advise any vacancy to Kerala Public Service Commission. That apart, the rank list was published only on 31/12/2009. Since this writ petition had been filed much prior to that, it is not open for this Court to direct the 2^nd respondent to report any vacancy.

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Since there is no merit in the writ petition, the same is dismissed.

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(A.M.SHAFFIQUE, JUDGE)

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jsr

Rajidas v. the Registrar

Case brief

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Rajidas v. the Registrar

Case brief

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