Allowed

A.v.Vijayan v. the Kannur District Co-Operative Bank

Kerala HC29 Nov 2016WP(C)/2889/2012

Case brief

AI extract

What is this about?

Employees of the Kannur District Co-operative Bank challenged an order of reversion on the ground that their prior promotions were irregular as they occurred before the statutory recruitment rules came into force. The Court held the order unsustainable and set it aside.

What did the court decide?

The impugned order dated 7.1.2012 directing reversion of the petitioners is set aside.

A.v.Vijayan Vs the Kannur District… — Pension and Retirement Benefits | Kerala HC (2016)

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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.MUHAMED MUSTAQUE

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TUESDAY, THE 29TH DAY OF NOVEMBER 2016/8TH AGRAHAYANA, 1938

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WP(C).No. 2889 of 2012 (I)

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PETITIONER(S):

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1. A.V.VIJAYAN, SENIOR ACCOUNTANT AND BRANCH MANAGER- IN-CHARGE, KANNUR DISTRICT CO-OPERATIVE BANK, IRIKKOOR BRANCH, KANNUR.

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2. SUDHA A. SENIOR ACCOUNTANT AND BRANCH MANAGER- IN-CHARGE, KANNUR DISTRICT CO-OPERATIVE BANK, MAIN BRANCH, THALASSERY, KANNUR DISTRICT.

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BY ADVS.SRI.M.SASINDRAN

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SRI.V.VENUGOPAL

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RESPONDENT(S):

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1. THE KANNUR DISTRICT CO-OPERATIVE BANK, KANNUR- 670 001-REPRESENTED BY ITS GENERAL MANAGER.

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2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANNUR-670 001.

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3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001.

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4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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ADDITIONAL R5 IMPLEADED

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5. THE KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS SECRETARY.

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*** IS IMPLEADED AS ADDL. 5TH RESPONDENT AS PER ORDER DTD.3.7.2015 IN IA.9323/2015**

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R1 BY ADVS. SMT.M.MEENA JOHN SRI.P.NARAYANAN, SC R2-R4 BY STATE ATTORNEY SRI.K.V.SOHAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 2889 of 2012 (I)

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT-P1 TRUE COPY OF THE ORDER DATED 29.3.1989.

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EXHIBIT-P2 TRUE COPY OF THE ORDER OF PROMOTION DATED 6.12.1999.

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EXHIBIT-P2(a) TRUE COPY OF THE PROCEEDINGS NO.E/ESST/2000-2001 DATED 7.12.2000.

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EXHIBIT-P3 TRUE COPY OF THE ORDER DATED 12.12.2005.

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EXHIBIT-P3(a) TRUE COPY OF THE PROCEEDINGS NO.B/ESST/2/2006-07 DATED 22.06.2006.

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EXHIBIT-P4 TRUE COPY OF THE ORDER DATED 16.4.2010 GIVING CHARGE OF THE BRANCH MANAGER TO THE 2ND PETITIONER.

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EXHIBIT-P4(a) TRUE COPY OF THE ORDER PROMOTING THE 2ND PETITIONER TO THE POST OF MANAGER.

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EXHIBIT-P5 TRUE COPY OF THE SUBSIDARY RULES PRESCRIBING THE FEEDER CATEGORIES OF THE BANK, ADOPTED AS PER RESOLUTION DATED 10.5.1980.

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EXHIBIT-P6 TRUE COPY OF THE AMENDMENT CARRIED OUT TO THE SUBSIDIARY RULES PRESCRIBING FEEDER CATEGORY RULES, AS PER RESOLUTION DATED 25.6.2001.

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EXHIBIT-P7 TRUE COPY OF THE RECRUITMENT RULES REFERRED TO IN THE ORDER OF THE JOINT REGISTRAR.

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EXHIBIT-P8 TRUE COPY OF THE CIRCULAR NO.79/2011 ISSUED BY THE REGISTRAR.

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EXHIBIT-P9 TRUE COPY OF THE ORDER DATED 8.1.2012 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.

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EXHIBIT-P10 TRUE COPY OF THE ORDER DATED 7.1.2012 ISSUED BY THE JOINT REGISTRAR DIRECTING REVERSION OF THE PETITIONERS.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

A.MUHAMED MUSTAQUE, J.

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

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W.P.(C).No.2889/2012

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Dated this the 29^th day of November, 2016

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J U D G M E N T

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This writ petition is filed by the employees of the Kannur District Co-

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operative Bank challenging an order of reversion produced as Ext.P10.

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Ext.P10 order is issued by the Joint Registrar. This was based on Ext.P9

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order issued by the Registrar of Co-operative Societies. The petitioners

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were appointed originally as Typists/Clerks in the year 1989 as per Ext.P1.

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Thereafter, they were promoted as Accountants/Inspectors. They were

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further promoted as Senior Accountants/Senior Inspectors and further

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promoted as Managers. It is found out in the impugned order that the

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petitioners were given irregular promotions in violation of the Recruitment

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Rules for the District Co-operative Banks, 1998 which came into force with

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WPC 2889/2012

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-:2:-

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effect from 17.11.1998. In fact, statutory rules which gave effect to District

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Co-operative Bank Recruitment Rules came into force only with effect from

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19.1.2013 by incorporating sub rule 4 to Rule 186. In that view of the

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matter this court is of the view that the impugned order has to be set aside

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as the promotion given to the petitioners was much before the statutory

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rules came into force. Accordingly, the writ petition is allowed. The

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impugned order is set aside.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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A.v.Vijayan v. the Kannur District Co-Operative Bank

Case brief

What is this about?

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A.v.Vijayan v. the Kannur District Co-Operative Bank

Case brief

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