Allowed

R.Binukumar v. the Board of Directors of the Anad Farmers Service Co-Operative Bank Ltd.

Kerala HC3 Apr 2014WP(C)/8760/2012

Case brief

AI extract

What is this about?

On a writ petition seeking regularization of employment as Night Watchman, this Court directed the appropriate Government to consider and approve the regularization if no other impediment exists, allowing the petitioner's claim.

What did the court decide?

The Writ Petition is allowed; the State of Kerala is directed to take a decision immediately and permit regularization if no impediment exists.

R.Binukumar Vs the Board of Directors of the Anad… — Cooperative Societies | Kerala HC (2014)

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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 K.VINOD CHANDRAN

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THURSDAY, THE 3RD DAY OF APRIL 2014/13TH CHAITHRA, 1936

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WP(C).No. 8760 of 2012 (T)

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PETITIONER(S):

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R.BINUKUMAR, AGED 41 YEARS, SON OF RAJAN, PAZHAYAKIDANGIL PUTHEN VEEDU, MOOZHI, PANAVOOR.P.O., NEDUMANGAD, THIRUVANANTHAPURAM.

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BY ADVS.SRI.V.G.ARUN

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SRI.T.R.HARIKUMAR

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RESPONDENT(S):

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1. THE BOARD OF DIRECTORS OF THE ANAD FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.919, ANAD.P.O., NEDUMANGAD-695 544, REPRESENTED BY ITS PRESIDENT.

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2. THE ANAD FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.919, ANAD.P.O., NEDUMANGAD-685 544, REPRESENTED BY ITS SECRETARY.

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3. THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, NEDUMANGAD, THIRUVANANTHAPURAM-695 544.

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4. THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001.

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5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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R1 & R2 BY ADV. SRI.P.N.MOHANAN,SC R3 TO R5 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-04-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.8760/2012 (T)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1- COPY OF THE APPOINTMENT ORDER NO.88/06-9 DATED 4.5.2006.

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EXHIBIT P2- COPY OF THE REQUEST SUBMITTED BEFORE THE 4TH RESPONDENT DATED 17.11.2009.

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EXHIBIT P3- COPY OF THE PROCEEDINGS NO.C.R.P.(2)4667/10/L.DIS. DATED 22.12.2010.

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EXHIBIT P4- COPY OF THE RESOLUTION NO.544 DATED 3.2.2011 TAKEN BY THE IST RESPONDENT.

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EXHIBIT P5- COPY OF THE LETTER NO.666/10 DATED 4.2.2011 SUBMITTED BEFORE THE 4TH RESPONDENT.

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EXHIBIT P6- COPY OF THE REPORT NO.N.Y.D 181/11 DATED 11.02.2011 OF THE 3RD RESPONDENT.

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EXHIBIT P7- COPY OF THE NOTIFICATION PUBLISHED IN THE DESHABHIMANI DAILY DATED 26.1.2012.

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EXHIBIT P8- COPY OF THE COMMUNICATION NO.C.R.P(2)1472/12 DATED 20.3.2012 OF THE 4TH RESPONDENT.

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EXHIBIT P9- COPY OF HALL TICKET ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P10: COPY OF THE OFFICE ORDER 30/13 DTD. 27/08/2013 OF THE 2ND RESPONDENT.

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EXHIBIT P11: COPY OF THE RELIEVING ORDER DTD. 28/08/2013 ISSUED BY THE BRANCH MANAGER, VENKAVILA BRANCH OF THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS: N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

K. VINOD CHANDRAN, J.

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

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W.P.(C) No. 8760 of 2012 ====================== Dated this the 3^rd day of April, 2014

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J U D G M E N T

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The petitioner claims to have been appointed in the 2^nd

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respondent Bank, right from 1996 onwards, as an Assistant to the Sale Officer. Subsequently, in the year 2006 by Ext.P1, the petitioner was appointed as Night Watchman on temporary basis and on daily wages. By Ext.P2 by a valid resolution in 2009, the Bank decided to regularize the appointment of the petitioner as a Night Watchman and sought for approval from the Joint Registrar. The Joint Registrar however, by Ext.P3 informed the respondent Bank that for making such regularization, the respondent Bank would have to apply before the Government.

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The respondent Bank hence took a resolution evidenced by Ext.P4 on 03.02.2011 resolving to seek permission of the Government to regularize the employment of the petitioner, as a Night Watchman as also to fix his

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W.P.(C) No. 8760 of 2012

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salary in a scale of pay. The resolution was forwarded to the appropriate Government for approval by Ext.P5. The Assistant Registrar (General), Nedumangad, also recommended such approval being granted, by Ext.P6.

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While the approval was pending, before the Government, it is stated that, some dispute arose with the Managing Committee and one post of Night Watchman was notified as per Ext.P7. Though the selection pursuant to the notification was not stayed by this court, as per an interim order dated, 09.04.2012 the petitioner's termination was stayed and he continued by virtue of the said order. The 4^th respondent has filed an affidavit, that, the post notified was in fact filled up despite the recommendation of the deponent to regularize the employment of the petitioner. The respondent Bank contends that, the petitioner was continued in an alternate vacancy, existing in the Bank and the appointment was made to another vacancy existing in the Bank.

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W.P.(C) No. 8760 of 2012

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In such circumstance, especially, the respondent Bank having by valid resolutions decided to regularize the employment of the petitioner, it is only proper that the Government consider the same and allow it in accordance with law. The petitioner is said to be continuing in a substantive vacancy from 12.10.2009. In such circumstance, the 5^th respondent shall take a decision in the matter immediately and if there is no other impediment shall permit the petitioner to be regularized, as resolved, from the date on which he has been appointed to a substantive vacancy.

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The Writ Petition is allowed. No costs.

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K. VINOD CHANDRAN, JUDGE

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R.Binukumar v. the Board of Directors of the Anad Farmers Service Co-Operative Bank Ltd.

Case brief

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R.Binukumar v. the Board of Directors of the Anad Farmers Service Co-Operative Bank Ltd.

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