Petitioner, a former Managing Director, sought a declaration and directions regarding promotion versus direct recruitment rules. Court held adjudication unnecessary as petitioner had retired during pendency and disposed of the writ petition without commenting on merits.
Benefits paid during pendency need not be recovered; no further relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 4TH DAY OF JANUARY 2016/14TH POUSHA, 1937
WP(C).No. 275 of 2005 (G)
PETITIONER(S):
P.S.VANAJA, KALISSERY HOUSE, KONGORPPILLY P.O. VIA, KOONAMMAVU MANAGING DIRECTOR IN CHARGE, KONGORPPILLY FARMERS SERVICE CO-OOPERATIVE BANK, KONGORPPILLY 683 525.
BY ADV. SRI.T.R.RAMACHANDRAN NAIR
RESPONDENT(S):
1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM.
2. THE KONGORPPILLY FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.3847, KONGORPPILLY 683 525 REP. BY ITS PRESIDENT.
3. THE KERALA CO-OPERATIVE SERVICE EXAMINATION BOARD, TRIVANDRUM, REP. BY ITS SECRETARY.
4. THE REGIONAL JOINT LABOUR COMMISSIONER, ERNAKULAM.
R2 BY ADV. SRI.G.JANARDHANA KURUP (SR.) R2 BY ADV. SRI.P.K.VARGHESE GOVT. PLEADER SRI.P.V.ELIAS.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 275/2005
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS:
///True copy///
P.S. to Judge
ALEXANDER THOMAS, J.
==================
W.P.(C).No. 275 of 2005
==================
Dated this the 4th day of January, 2016
J U D G M E N T
The prayers in this Writ Petition are as follows:
“i) to grant a declaration that the post of Managing Director in the 2nd respondent Bank is liable to be filled up by promotion in accordance with rule 185 of the Kerala Co-operative Societies Rules;
ii) to call for the records leading to Exts.P1 and all steps for selection by direct recruitment to the post of Managing Director and quash the same by the issuance of a writ of certiorari or any other writ, direction or order;
iii) to issue a writ of mandamus or any other writ, direction or order, directing the first respondent to pass appropriate orders on Exhibits-P5 and P6 within a time limit to be fixed by this Hon'ble Court and to direct respondents 1 to 3 to keep in abeyance all steps for direct recruitment to the post of Managing Director;”
2. This Writ Petition was instituted as early as on 5.1.2005
and it is pointed out by the learned counsel for the petitioner that the petitioner was continuing temporarily in the post of Managing Director in the 2nd respondent Bank and that later she retired from service during the pendency of this Writ Petition. In the light of these aspects, it is not really necessary to adjudicate on merits the issues raised in this Writ Petition. It is made clear that whatever benefits have been paid to the petitioner during the pendency of
W.P.(C).275/05 - : 2 :-
this Writ Petition, which are otherwise admissible for the post of Managing Director, need not be recovered from her.
With these observations and directions, the Writ Petition (Civil)
stands finally disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE ///True copy///
P.S. To Judge.
1 issue framed by the court
Whether to adjudicate on the merits of the petitioner's claim regarding promotion and direct recruitment for the post of Managing Director.
P.S. Vanaja
The Joint Registrar of Co-operative Societies (General), Ernakulam
The Kongorppilly Farmers Service Co-operative Bank Ltd.
The Kerala Co-operative Service Examination Board
The Regional Joint Labour Commissioner, Ernakulam
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
