The petitioner bank sought to quash the Registrar's order declining re-appointment of its retired Secretary. The court held the Registrar was correct in relying on Circular No. 20/87 which interdicts re-appointment of retired employees, dismissing the writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 9TH DAY OF AUGUST 2016/18TH SRAVANA, 1938
WP(C).No. 15900 of 2010 (J)
PETITIONER(S):
MANJERI SERVICE CO-OPERATIVE BANK LTD. NO. M 31, REPRESENTED BY ITS PRESIDENT,, P.O.MANJERI, MALAPPURAM.
BY ADV. SRI.P.N.MOHANAN
RESPONDENT(S):
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), MALAPPURAM.
BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 15900 of 2010 (J)
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 TRUE COPY OF THE RESOLUTION OF THE GENERAL BODY DATED 31/3/09 EXHIBIT P2 TRUE COPY OF THE RESOLUTION OF THE MANAGING COMMITTEE 26/11/2009 EXHIBIT P3 TRUE COPY OF THE RESOLUTION DATED 29/1/2010 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 5/2/2010 EXHIBIT P5 TRUE COPY OF THE CIRCULR NO.20/87 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 18/7/2002 OF THE JOINT REGISTRAR EXHIBIT P TRUE COPY OF THE ORDER DATED 3/4/2004 OF THE REGISTRAR RESPONDENT(S)' EXHIBITS ----------------------NIL. / TRUE COPY / P.S. TO JUDGE PJ
SHAJI P. CHALY, J.
W.P.(C). No.15900 of 2010
Dated this the 9th day of August, 2016
JUDGMENT
This writ petition is filed seeking to quash Ext.P4 order passed by the respondent dated 5.2.2010, whereby, the reappointment of one Smt.Alice retired as Secretary, in the post of Administrative Officer was declined and for other related reliefs.
W.P.(C). No.15900 of 2010
2
and the Managing Committee were sent to the respondent. The said request as contained in Exts.P1 and P2 was turned down by Ext.P4 order passed by the respondent. It is also contended that, by Exts.P6 and P7, without raising any objection sanctioned the post of Administrative Consultant/Adviser to Kollam Urban Co-operative Bank and Ponnani Service Co-operative Bank. Therefore, it is contended that, the denial of the same to the petitioner bank is discriminatory. It is in this background this writ petition is filed.
W.P.(C). No.15900 of 2010
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any posts in the Co-operative Societies. Therefore, it is the contention of the respondent that, the decision of the general body and the Managing Committee of the petitioner bank, do not deserve to be sanctioned and therefore, Ext.P4 order, passed by the respondent is in accordance with law and does not warrant any interference in the writ petition.
W.P.(C). No.15900 of 2010
4
Societies and banks registered under the Act is bound to follow not only the provisions of the Act and Rules but all the circulars and other notifications issued by the 1st respondent. Since the respondent has interdicted re-appointment of retired employees of the Co-operative Society, the bank was not at liberty to appoint Smt.Alice, retired as Secretary in the post of Administrative Officer with a consolidated pay of Rs.10,000/-.
Resultantly writ petition fails and accordingly the same is dismissed.
Sd/-
SHAJI P. CHALY JUDGE
smv 12.08.2016
2 issues framed by the court
Whether the High Court should interfere with the Registrar order declining re-appointment of a retired Secretary.
Whether Circular No. 20/87 interdicts re-appointment of retired employees of Co-operative Societies in any posts.
Manjeri Service Co-operative Bank Ltd. No. M 31
Joint Registrar of Co-operative Societies (G), Malappuram
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
