Dismissed

V.Biju and 111 Others v. the State of Kerala and Others

Kerala HC6 Aug 2016WP(C)/5299/2007

Case brief

AI extract

What is this about?

Collection agents and security guards sought regularization and challenged directions terminating their appointments. The court dismissed the petitions, holding that the appointments did not comply with statutory recruitment requirements. It permitted representations to the Government for alternative employment and directed time-bound consideration.

What did the court decide?

Liberty to approach the State Government for suitable relief; representations submitted within one month of receipt of the judgment must be considered within a further two months.

V.Biju and 111 Others Vs the State of Kerala and Others — Cooperative Societies | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

SATURDAY, THE 6TH DAY OF AUGUST 2016/15TH SRAVANA, 1938

¶5

WP(C).No. 5299 of 2007 (E)

¶6

PETITIONER(S):

¶7

1. V. BIJU, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, UDYANKULANGARA BRANCH, THIRUVANANTHAPURAM.

¶8

2. BALAMURALI.V.R., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, FORT MAIN BRANCH, THIRUVANANTHAPURAM.

¶9

3. JAGADEESA CHANDRAN.T., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, CHALAI BRANCH, THIRUVANANTHAPURAM.

¶10

4. ASHOKAN.V., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, NEDUMANGADU MAIN BRANCH, THIRUVANANTHAPURAM.

¶11

5. RAJAN MATHEW M., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VETTUKADU BRANCH, THIRUVANANTHAPURAM.

¶12

6. A.CHANDRAN, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, POONKULAM BRANCH, THIRUVANANTHAPURAM.

¶13

7. S.R.SUJI, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KOVALAM BRANCH, THIRUVANANTHAPURAM.

¶14

8. ANIL KUMAR.K.N., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KOVALAM BRANCH, THIRUVANANTHAPURAM.

¶15

9. B. JOSE PRAKASH, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KOVALAM BRANCH, THIRUVANANTHAPURAM.

¶16

10. SHIBU.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KANJIRAMKULAM BRANCH THIRUVANANTHAPURAM.

¶17

2/-

¶18

-2-

¶19

WP(C).NO.5299/2007

¶20

11. G.R.AJITH KUMAR, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KANJIRAMKULAM BRANCH, THIRUVANANTHAPURAM.

¶21

12. MOHANAN.M., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, FORT M & E BRANCH, THIRUVANANTHAPURAM.

¶22

13. K.S.ANILKUMAR, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VELLARADA BRANCH, THIRUVANANTHAPURAM.

¶23

14. G.CHITHRA RAJAN, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, NEDUMANGADU MAIN BRANCH, THIRUVANANTHAPURAM.

¶24

15. SAJUL S. SASI, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VAJARANMOODU BRANCH, THIRUVANANTHAPURAM.

¶25

16. MOHANAN.K., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VAJARANMOODU BRANCH, THIRUVANANTHAPURAM.

¶26

17. A. HAJA NASIMUDDEEN, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, FORT MAIN BRANCH, THIRUVANANTHAPURAM.

¶27

18. S. VIJAYA KUMARAN NAIR, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, CHALAI BRANCH, THIRUVANANTHAPURAM.

¶28

19. SAJITH KUMAR.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PERRONGAMALA BRANCH, THIRUVANANTHAPURAM.

¶29

20. VIMAL RAJ.M.R., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KALLIYOOR BRANCH, THIRUVANANTHAPURAM.

¶30

21. PRABASH CHANDRAN.B., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VELLARADA BRANCH, THIRUVANANTHAPURAM.

¶31

22. SAJAN ROBIN.R., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VELLARADA BRANCH, THIRUVANANTHAPURAM.

¶32

23. THANKAPPAN, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VELLARADA BRANCH, THIRUVANANTHAPURAM.

¶33

3/-

¶34

-3-

¶35

WP(C).NO.5299/2007

¶36

24. REJITHLAL.V.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, FORT MAIN BRANCH, THIRUVANANTHAPURAM.

¶37

25. REJI JARALD, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VETTUKKADU BRANCH, THIRUVANANTHAPURAM.

¶38

26. PRATHAPKUMAR.S.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, NEYYATTINKARA MAIN BRANCH, THIRUVANANTHAPURAM.

¶39

27. SHAJI.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KALLIYOOR BRANCH, THIRUVANANTHAPURAM.

¶40

28. SANDEEP.K., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, NEYYATTINKARA MAIN BRANCH, THIRUVANANTHAPURAM.

¶41

29. ARAVIND.K., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, NEYYATTINKARA M & E BRANCH, THIRUVANANTHAPURAM.

¶42

30. SIVAKUMAR.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, NEYYATTINKARA M & E BRANCH, THIRUVANANTHAPURAM.

¶43

31. R.S.KRISHNAKUMAR, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, UDAYANKULANGARA BRANCH, THIRUVANANTHAPURAM.

¶44

32. R.S.SURESH KUMAR, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, BALARAMAPURAM MAIN BRANCH, THIRUVANANTHAPURAM.

¶45

33. SABEESH RAJ.R.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, POZHIYOOR BRANCH, THIRUVANANTHAPURAM.

¶46

34. RAJAMONI.D., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, POZHIYOOR BRANCH, THIRUVANANTHAPURAM.

¶47

35. BASEL SHIBU.N., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PARANNIYAM BRANCH, THIRUVANANTHAPURAM.

¶48

36. PRADEEP.S.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KANJIRAMKULAM BRANCH, THIRUVANANTHAPURAM.

¶49

4/-

¶50

-4-

¶51

WP(C).NO.5299/2007

¶52

37. SHAJI.P.Y., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PARANNIYAM BRANCH, THIRUVANANTHAPURAM. 38. BIJU.P., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PARANNIYAM BRANCH, THIRUVANANTHAPURAM. 39. PRABHA KUMAR.A., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KATTAKKADA M&E BRANCH, THIRUVANANTHAPURAM. 40. BINU KUMAR.V.,BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PERINGAMALA BRANCH, THIRUVANANTHAPURAM. 41. SHIJU KUMAR.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, BALARAMAPURAM M&E BRANCH, THIRUVANANTHAPURAM. 42. M.V.UNNIKRISHNAN NAIR, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, BALARAMAPURAM M&E BRANCH, THIRUVANANTHAPURAM. 43. SAJEEV KUMAR.V., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, BALARAMAPURAM M & E BRANCH, THIRUVANANTHAPURAM. 44. NIZAMUDEEN.A., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, BALARAMAPURAM MAIN BRANCH, THIRUVANANTHAPURAM. 45. VINOD.V.J., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, BALARAMAPURAM MAIN BRANCH, THIRUVANANTHAPURAM. 46. AJIKUMAR.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KATTAKKADA MAIN BRANCH, THIRUVANANTHAPURAM. 47. MANIKANTAN NAIR.V., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KATTAKKADA MAIN BRANCH, THIRUVANANTHAPURAM. 48. NEELAMBARAN NAIR.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PRAVICHAMBALAM BRANCH, THIRUVANANTHAPURAM. 49. SURESH KUMAR.A., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PRAVICHAMBALAM BRANCH, THIRUVANANTHAPURAM.

¶53

5/-

¶54

-5-

¶55

WP(C).NO.5299/2007

¶56

50. NANDAKUMAR.K., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, MALAYINKIZHU BRANCH, THIRUVANANTHAPURAM.

¶57

51. BINU GEORGE, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, BALARAMAPURAM M & E BRANCH, THIRUVANANTHAPURAM.

¶58

52. LAIJU.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PARASALA BRANCH, THIRUVANANTHAPURAM.

¶59

53. BENCHAMIN BERNAD, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, MANNIKKAVILAKAM BRANCH, THIRUVANANTHAPURAM.

¶60

54. JOHN ALPHONSE, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, MANNIKKAVILAKAM BRANCH, THIRUVANANTHAPURAM.

¶61

55. M.J.SAFAIR, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, MANNIKKAVILAKAM BRANCH, THIRUVANANTHAPURAM.

¶62

56. SAJI DEVAN.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KESAVADASAPURAM BRANCH, THIRUVANANTHAPURAM.

¶63

57. L.SINDHU, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, THIRUVALLAM BRANCH, THIRUVANANTHAPURAM.

¶64

58. K.A.SUBHASH,BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, CHALAI BRANCH, THIRUVANANTHAPURAM.

¶65

59. T.SREEKANTAN NAIR, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, THIRUVALLAM BRANCH, THIRUVANANTHAPURAM.

¶66

60. R.RAMESH,BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PALAYAM BRANCH, THIRUVANANTHAPURAM.

¶67

61. T.K.SATHEESH, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, ATTUKAL BRANCH, THIRUVANANTHAPURAM.

¶68

62. G.VINOD, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, NANTHANKODU BRANCH, THIRUVANANTHAPURAM.

¶69

6/-

¶70

-6-

¶71

WP(C).NO.5299/2007

¶72

63. S.P.PRASANTH, BUSINESS LOAN COLLECTION AGENT,

¶73

TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, POONKULAM BRANCH, THIRUVANANTHAPURAM.

¶74

64. K.SOMAN, BUSINESS LOAN COLLECTION AGENT,

¶75

TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PUTHANCHANTHA BRANCH, THIRUVANANTHAPURAM.

¶76

65. ANIL KUMAR.A., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VIZHINJAM BRANCH, THIRUVANANTHAPURAM.

¶77

66. SELVARAJAN, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VIZHINJAM BRANCH, THIRUVANANTHAPURAM.

¶78

67. SUMA VARGHESE, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KUNNUKUZHI BRANCH, THIRUVANANTHAPURAM.

¶79

68. ROBIN.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, POTHANCODE BRANCH, THIRUVANANTHAPURAM.

¶80

69. JAYAN.R., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, POTHANCODE BRANCH, THIRUVANANTHAPURAM.

¶81

70. VIJAYACHANDRAN.T., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, NANTHANCODE BRANCH, THIRUVANANTHAPURAM.

¶82

71. ARUN KUMAR.M.U.,BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, THIRUVALLAM BRANCH, THIRUVANANTHAPURAM.

¶83

72. JILLY TITONS.T.J., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VETTUKADU BRANCH, THIRUVANANTHAPURAM.

¶84

73. SAJEEV.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KALLAMBALAM BRANCH, THIRUVANANTHAPURAM.

¶85

74. MANILAL.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KALLAMBALAM BRANCH, THIRUVANANTHAPURAM.

¶86

75. VIJAYAN PILLAI.G., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KALLAMBALAM BRANCH, THIRUVANANTHAPURAM.

¶87

7/-

¶88

-7-

¶89

WP(C).NO.5299/2007

¶90

76. SUNIL KUMAR.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KALLARA BRANCH, THIRUVANANTHAPURAM.

¶91

77. HISIND.R., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VETTUKADU BRANCH, THIRUVANANTHAPURAM.

¶92

78. REJIN.J., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VETTUKADU BRANCH, THIRUVANANTHAPURAM.

¶93

79. SABARIYAS.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PUTHANCHANTHA M & E BRANCH, THIRUVANANTHAPURAM.

¶94

80. BEVIN.G., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PETTAH BRANCH, THIRUVANANTHAPURAM.

¶95

81. C.BHUVANACHANDRAN, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PUTHANCHANTHA MAIN BRANCH, THIRUVANANTHAPURAM.

¶96

82. V.S.MOHAN, BUSINESS LOAN COLLECTION AGENT,

¶97

TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, ATTINGAL M & E BRANCH, THIRUVANANTHAPURAM.

¶98

83. B.UNNIKRISHNAN, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, ATTINGAL BRANCH, THIRUVANANTHAPURAM

¶99

84. RAVEENDRAN.N., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VARKALA MAIN BRANCH, THIRUVANANTHAPURAM.

¶100

85. MANMOHANDAS.R., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PALLICKAL BRANCH, THIRUVANANTHAPURAM.

¶101

86. ANEESH.A., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PALLICKAL BRANCH, THIRUVANANTHAPURAM.

¶102

87. MANMOHAN.M., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PALLIKAL BRANCH, THIRUVANANTHAPURAM.

¶103

88. SAJI KUMAR, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KILLIMANOOR BRANCH, THIRUVANANTHAPURAM.

¶104

8/-

¶105

-8-

¶106

WP(C).NO.5299/2007

¶107

89. P.SASI, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KILLIMANOOR BRANCH, THIRUVANANTHAPURAM.

¶108

90. LEENA.C.R., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VELLANAD BRANCH, THIRUVANANTHAPURAM.

¶109

91. SREEKALA.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PALODU BRANCH, THIRUVANANTHAPURAM.

¶110

92. RADHIKA C. NAIR, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VEMBAYAM BRANCH, THIRUVANANTHAPURAM.

¶111

93. SHIRASKHAN.M., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PALODU BRANCH, THIRUVANANTHAPURAM.

¶112

94. SUNEER.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, NADAYARA BRANCH, THIRUVANANTHAPURAM

¶113

95. K.VIJAYAN, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, NADAYARA BRANCH, THIRUVANANTHAPURAM.

¶114

96. P.SAJEEV, BUSINESS LOAN COLLECTION AGENT,

¶115

TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KAVALAYAOOR BRANCH, THIRUVANANTHAPURAM.

¶116

97. SURENDRAN NAIR.K., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VITHURA BRANCH, THIRUVANANTHAPURAM.

¶117

98. SUJITH.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, MADATHARA BRANCH, THIRUVANANTHAPURAM.

¶118

99. C.MADHUSOODANAN, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, MADATHARA BRANCH, THIRUVANANTHAPURAM.

¶119

100. J.S.MAHESH, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VENJARAMMOODU BRANCH, THIRUVANANTHAPURAM.

¶120

101. S. SUNIL KUMAR, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PANNAVOOR BRANCH, THIRUVANANTHAPURAM.

¶121

9/-

¶122

-9-

¶123

WP(C).NO.5299/2007

¶124

102. SREELEKHA.N., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, NEDUMANGADU MAIN BRANCH, THIRUVANANTHAPURAM.

¶125

103. CHITRAKUMARY.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PALODU BRANCH, THIRUVANANTHAPURAM

¶126

104. RENJITH KUMAR.J, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VATTIYOORKAVU BRANCH, THIRUVANANTHAPURAM.

¶127

105. NAGARAJAN.K., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KARATTE BRANCH, THIRUVANANTHAPURAM.

¶128

106. GIRISHKUMAR.V., BUSINESS LOAN COLLECTION AGENT,

¶129

TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PUTHANCHANTHA MAIN BRANCH, THIRUVANANTHAPURAM.

¶130

107. RATHEESH KUMAR.J, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, NANTHANCODU BRANCH, THIRUVANANTHAPURAM.

¶131

108. SURESH.G., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, ARYANADU BRANCH, THIRUVANANTHAPURAM.

¶132

109. ANIRUDHAN.K., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, PETTAH BRANCH, THIRUVANANTHAPURAM

¶133

110. D.MURALIDHARAN, BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, VAMBAYAM BRANCH, THIRUVANANTHAPURAM.

¶134

111. SISUPALAN.G., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KALLARA BRANCH, THIRUVANANTHAPURAM.

¶135

112. VISHEK.G.S., BUSINESS LOAN COLLECTION AGENT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, KALLARA BRANCH, THIRUVANANTHAPURAM.

¶136

BY SRI.N.NANDAKUMARA MENON,SENIOR ADVOCATE ADV. SRI.P.K.MANOJKUMAR

¶137

10/-

¶138

-10-

¶139

WP(C).NO.5299/2007

¶140

RESPONDENT(S):

¶141

1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM.

¶142

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

¶143

3. THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LIMITED, HEAD OFFICE, FORT, THIRUVANANTHAPURAM,

¶144

REPRESENTED BY ITS GENERAL MANAGER.

¶145

R1 & R2 BY SR GOVERNMENT PLEADER SRI.V.VIJULAL R3 BY ADVS. SRI.K.G.RADHAKRISHAN,SC SRI.T.R.HARIKUMAR,SC SRI.V.G.ARUN,SC

¶146

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-07-2016, ALONG WITH WPC.NO. 5597/2007 AND WPC.NO. 5559/2007, THE COURT ON 06-08-2016 DELIVERED THE FOLLOWING:

¶147

sts

¶148

WP(C).NO.5299/2007

¶149

APPENDIX

¶150

PETITIONER'S EXHIBITS:

¶151

P1 COPY OF THE ORDER DATED NIL ISSUED BY THE REGISTRAR OF COOPERATIVE SOCIETIES, TRIVANDRUM.

¶152

P2 COPY OF THE NOTICE NO.ADM/ESTT/E1/AL/2004-05 DATED 3/6/2004 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LTD., TRIVANDRUM TO THE PETITIONER B. UNNIKRISHNAN.

¶153

P3 COPY OF THE NOTICE NO.ADM/ESTT/E1/AL/2004-05 DATED 3/6/2004 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LTD., TRIVANDRUM, TO THE PETITIONER SABBEESH RAJ.R.S

¶154

P4 COPY OF THE APPOINTMENT ORDER NO.ADM/ESTT/E1/SI/1522/03-04 DATED 3/1/2004 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LTD. TRIVANDRUM TO THE SANDEEP.K

¶155

P5 COPY OF THE APPOINTMENT ORDER NO.ADM/ESTT/E1/SI/1527/03/04 DATED 3/1/2004 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LTD., TRIVANDRUM TO THE PETITIONER G.SISUPALAN.

¶156

P6 COPY OF THE APPOINTMENT ORDER NO.ADM/ESTT/C1/A/04-05 DATED 14/6/2004 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LIMITED, TRIVANDRUM TO THE PETITIONER MANIKANTAN NAIR.

¶157

P7 COPY OF THE APPOINTMENT ORDER NO.ADM/ESTT/C1/A/04-05 DATED 7/9/2004 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LIMITED, TRIVANDRUM TO THE PETITIONER M.MOHANAN.

¶158

P8 COPY OF THE APPOINTMENT ORDER NO.ADM/ESTT/C1/A/04-05 DATED 7/9/2004 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LIMITED, TRIVANDRUM TO THE PETITIONER AJEESH.P.M.

¶159

P9 COPY OF THE APPOINTMENT ORDER NO.ADM/ESTT/04-05 DATED 27/9/2004 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LIMITED, TRIVANDRUM TO THE PETITIONER RAJAN MATHEW.M.

¶160

P10 COPY OF THE APPOINTMENT ORDER NO.ADM/ESTT/CI/A/04-05 DATED 14/10/2004 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LIMITED, TRIVANDRUM TO THE PETITIONER T.SREEKANTAN NAIR.

¶161

P11 COPY OF THE APPOINTMENT ORDER NO.ADM/ESTT/C1/A/04-05 DATED 1/11/2004 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LIMITED, TRIVANDRUM TO THE SANTHOSH KUMAR.G.

¶162

P12 COPY OF THE APPOINTMENT ORDER NO.ADM/ESTT/2004-05 DATED 24/12/2004 ISSUED BY THE DEPUTY GENERAL MANAGER, DISTRICT COOPERATIVE BAMK LTD, TRIVANDRUM TO THE R.MANMOHANDAS.

¶163

2/-

¶164

-2-

¶165

WP(C).NO.5299/2007

¶166

P13 COPY OF THE APPOINTMENT ORDER NO.ADM/ESTT/CA/04-05/3148 DATED 6/1/2005 ISSUED BY THE DEPUTY GENERAL MANAGER, DISTRICT COOPERATIVE BANK LIMITED, TRIVANDRUM TO THE KUMARI V.REJITHA.

¶167

P14 COPY OF THE APPOINTMENT ORDER NO.ADM/ESTT/C1/A/2004-05 DATED 28/3/2005 ISSUED BY THE DEPUTY GENERAL MANAGER, DISTRICT COOPERATIVE BANK LIMITED, TRIVANDRUM TO THE VIMAL RAJ.M.R.

¶168

P15 COPY OF THE APPOINTMENT ORDER NO.ADM/ESTTC1A/84/2005-2006 DATED 15/4/2005, ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LIMITED, TRIVANDRUM TO THE PETITIONERS.

¶169

P16 COPY OF THE APPOINTMENT ORDERS NO.ADM/ESTT/C1A/32/2005-06 DATED 19/4/2005 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LIMITED, TRIVANDRUM TO THE PETITIONERS.

¶170

P17 COPY OF THE APPOINTMENT ORDER NO.B&L/ESTT/2005-06 DATED 22/2/2006 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LIMITED, TRIVANDRUM TO THE PETITIONER ABILASH.R.P.

¶171

P18 COPY OF THE CIRCULAR NO.E.M(4)127/18/05 DATED 13/4/2005 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TVM

¶172

P19 COPY OF THE RESOLUTION NO.27 DATED 10/6/2005 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LTD, TVM

¶173

P20 COPY OF THE RESOLUTION NO.7 DATED 16/5/2005 ISSUED BY THE DISTRICT CO-OPERATIVE BANK LIMITED, TRIVANDRUM

¶174

P21 COPY OF THE CIRCULAR NO.E.M(4) 12718/05 DATED 20/2/2006 ISSUED BY THE REGISTRAR, CO-OPERATIVE SOCIETIES, TVM

¶175

P22 COPY OF THE RESOLUTION NO.4 DATED 27/3/2006 ISSUED BY THE DISTRICT CO-OPERATIVE BANK LTD, TVM

¶176

P23 COPY OF THE RESOLUTION NO.11 DATED 19/5/2006 ISSUED BY THE DISTRICT CO-OPERATIVE BANK LTD. TVM

¶177

P24 COPY OF THE RESOLUTION NO.18 DATED 5/6/2006 ISSUED BY THE DISTRICT CO-OPERATIVE BANK LTD. TVM

¶178

P25 COPY OF THE PROCEEDINGS NO.ADM/ESTT/218/2006-07 DATED 6/6/2006 ISSUED BY THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK LTD, TVM

¶179

P26 COPY OF THE ORDER NO.C.B(3) 44759/05 DATED 24/1/2007 ISSUED BY THE REGISTRAR, CO-OPERATIVE SOCIETIES, TVM

¶180

P27 COPY OF THE IDENTY CARDS ISSUED TO THREE PETITIONERS.

¶181

RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.S.TO JUDGE

sts

SHAJI P. CHALY, J.

¶186

W.P.(C) Nos.5299, 5559 & 5597 of 2007 ----------------------------------------------Dated this the 6^th day of August, 2016

¶187

JUDGMENT

¶188

The subject matter of these writ petitions are substantially connected and therefore I propose to deliver a common judgment in the same. Facts are somewhat similar and wherever separate facts are required, same will be supplied specifically. Facts discernible from W.P.(C) No.5299 of 2007 and the exhibits thereunder are referred to for the purpose of disposal of the cases.

¶189

Petitioners are working as Business Loan Collection Agents in the District Co-operative Bank, Thiruvananthapuram, which is a Co-operative Society registered under the provisions of the Kerala Co-operative Societies Act and Rules, 1969 [hereinafter called 'the Act and the Rules']. Petitioners were appointed in the Head Office of the Bank and also in various branches. They were appointed as Collection Agents after undergoing a due process of selection held by the Bank in accordance with law. The Registrar of Co-operative Societies

¶190

had issued an order granting permission to the Bank for

¶191

W.P.(C) No.5299 of 2007 & con. cases 2

¶192

starting a scheme for granting loan up to an amount of Rs.1,00,000/- by approving the sub-rule relating to grant of loans. The maximum period of loan is 135 days and the loan has to be re-paid to the Bank by the loanee within 107 days. The loan amount has to be re-paid to the Bank in daily instalments which will be collected by the petitioners appointed as Collection Agents. A copy of the said Sub Rule is produced as Ext.P1.

¶193

In terms of Ext.P1 scheme, Bank took steps for appointing Collection Agents in the Head Office as well as its branches. Notifications were issued in the Notice Board of the Head Office of the Bank as well as in various branches, inviting applications from eligible candidates for selection and appointment as Collection Agents. On the basis of the notification so issued, petitioners submitted their applications. Petitioners have deposited an amount of Rs.10,000/- each as security deposit in the Bank along with the application for appointment. Thereafter, petitioners were invited for an interview, evident from Exts.P2 and P3 issued to some of the petitioners. They were interviewed by the Bank and duly appointed as Collection Agents during the year 2004, 2005 and

¶194

W.P.(C) No.5299 of 2007 & con. cases 3

¶195

Some of the appointment orders are produced as Exts.P4 to P17. Similar appointment orders were issued to other petitioners also.

¶196

That apart, it is stated that all the petitioners are working as Collection Agents depositing an amount of Rs.10,000/- as security and executing a bond of Rs.25,000/with the Bank. 2.6% of the total daily collection in a month is set apart as commission to the petitioners. Out of this, 5% of the amount is retained as security by the Bank in the name of each Commission Agent. Rs.500/- from the 2.6% of the monthly collection is given as salary to the petitioners. Out of the salary of Rs.500/-, Rs.50/- is deducted by the Bank towards Collection Agents' Welfare Fund Scheme and Rs.50/is deposited towards Employees Self Financing Pension Scheme of the Bank. Therefore, petitioners will get only an amount of Rs.400/- as monthly salary. The 5% of the total loan amount collected by the petitioners is treated as interest for the Bank towards the loan amounts. That apart, income tax is also deducted from the amount paid to the petitioners. An amount of Rs.1,000/- is given as Bonus during the Onam Festival and they are also given the benefit of Vehicle loan for a maximum

¶197

W.P.(C) No.5299 of 2007 & con. cases 4

¶198

amount of Rs.35,000/-.

¶199

The Registrar of Co-operative Societies issued

¶200

orders as per Ext.P18 Circular with respect to regularization of the Collection Agents working in the Co-operative Credit Societies. According to the petitioners, in the said circular, it is specifically stated that the Collection Agents working in the Cooperative Banks like the petitioners have to be confirmed in their respective posts. The District Co-operative Bank Ltd., Thiruvananthapuram as per Ext.P19 resolution dated 10.06.2005 decided to regularize the services of 102 Collection Agents and as per Ext.P20 Resolution No.7 dated 16.05.2005, Bank took a decision to regularize the services of the Collection Agents and to get the approval of the Registrar of Co-operative Societies in that regard.

¶201

As per Ext.P21 Circular dated 20.02.2006, Registrar of Co-operative Societies issued directions to the District Cooperative Banks, permitting to regularize the services of the Collection Agents on certain conditions. Thereafter, Bank as per Ext.P22 resolution resolved to regularize the services of the 102 Collection Agents on the basis of Ext.P18 order. On the basis of Ext.P21 Circular, Bank has decided to set apart an

¶202

W.P.(C) No.5299 of 2007 & con. cases 5

¶203

amount of Rs.500/- from the Commission amount as salary to the petitioners and also to deduct the welfare fund amount and pension amount from the Commission amount, evident from Ext.P23, and thereafter as per Ext.P24 resolution dated 05.06.2006 decided to deduct an amount of Rs.50/- towards Pension Contribution from the petitioners and deposit the said amount in the suspense account, and accordingly Ext.P25 proceedings dated 06.06.2006 was issued by the Bank on the basis of Exts.P23 and P24. Therefore, it is contended that in the light of Ext.P1 order issued by the Registrar and also in the light of Ext.P21 Circular dated 20.02.2006 issued by the Registrar, petitioners are legally entitled to be regularized in the service of the Bank as Business Loan Collection Agents.

¶204

However, the Registrar of Co-operative Societies as per Ext.P26 order dated 24.01.2007 informed the Bank that the appointment of 184 Collection Agents is irregular and directed to take immediate steps to terminate the services of the Collection Agents. Ext.P26 is purportedly issued under Sec.66 of the Act. Therefore, it is contended that, Ext.P26 directing termination of the services of the petitioners is arbitrary and unsustainable in law. Petitioners have also

¶205

W.P.(C) No.5299 of 2007 & con. cases 6

¶206

produced identity cards of some of the petitioners as Ext.P27. It is in this background, these writ petitions are filed.

¶207

W.P.(C) No.5597 of 2007 is also with respect to Collection Agents who raised similar contentions. W.P.(C) No.5559 of 2007 is filed by Security Guards engaged in various branches of the Bank in question and they are also seeking the very same relief, sought for by the petitioners in the other writ petitions, i.e. seeking regularization after quashing Ext.P9, which is an order similar to Ext.P26. Thus, the order sought to be quashed in all the writ petitions are the order dated 24.01.2007. Contentions raised in the writ petitions are also similar in nature.

¶208

The Registrar of Co-operative Societies has filed a counter affidavit in W.P.(C) No.5597 of 2007 and requested to treat the counter affidavit as counter in the other writ petitions also. Apart from disputing the allegations and averments contained in the writ petition, it is admitted that the petitioners are engaged as Collection Agents on commission basis. They were appointed by the Board of Directors of the Bank on temporary basis, which is evident from the orders of appointment and only an interview was conducted by the Bank

¶209

W.P.(C) No.5299 of 2007 & con. cases 7

¶210

for selection. Applications for the post should have been invited through advertisement in leading dailies having wide circulation in the area. The Bank authorities have violated this procedure. Prior permission should have been obtained by the Bank from the Registrar of Co-operative Societies before creating any posts other than the staff strength prescribed under Appendix-III of the Rules, 1969.

¶211

That apart, it is also contended that, Registrar issued Ext.P1 letter granting permission to start a new scheme for granting loan up to an amount of Rs.1,00,000/- by approving the sub-rules regarding the same. The approval is granted only to operate the loan scheme and not for appointment of agents. The Registrar issued Circular No.18/1991 for appointment of employees in Co-operative institutions, which clearly describes the procedure to be followed before making appointment in Co-operative institutions. The applications for the post shall be invited through advertisement in leading dailies having wide circulation in the area. Prior permission should be obtained from the Registrar before creating any posts over and above the posts prescribed in Appendix-III of the Rules. However, no

¶212

W.P.(C) No.5299 of 2007 & con. cases 8

¶213

permission was obtained from the Registrar by the Bank authorities before making appointments in question. Therefore, the entire selection process adopted by the Bank is illegal and contrary to the existing norms. One of the Collection Agent working in a branch of the Bank viz. P. Biju submitted a complaint regarding the irregularities in selection of Collection Agents, who is petitioner No.38 in W.P.(C) No.5299 of 2007, evident from Ext.R2(a). The Registrar of Co-operative Societies issued Circular No.10/2005 with a view to protect the daily wage workers in the Consumer Federation and the existing Collection Agents working in Credit Cooperative Societies in the State on the Centenary celebration of Co-operative Movement. The circular clearly envisages the procedure for regularization of the employees only. The said circular and Circular No.4/2006 clearly specifies the regularization procedure of existing employees with a minimum service of six months. The circular also clearly states that the concerned Co-operative institutions should create required number of posts to accommodate such employees with prior permission of Registrar of Co-operative Societies.

¶214

W.P.(C) No.5299 of 2007 & con. cases 9

¶215

That the resolution dated 10.06.2005 is only a Board resolution taken by the Bank to request the Registrar of Co-operative Societies seeking to grant permission to appoint 142 Collection Agents, and to grant approval of appointment of 102 Collection Agents. But the said resolution was not received in the office of the Registrar. Therefore, according to the 2^nd respondent, the irregularity of appointments is very well reflected from the said resolution of the Board of Directors, since no prior permission was obtained. The circulars issued by the 2^nd respondent can only be implemented by securing prior permission from the Registrar and after creating sufficient posts in the Bank in accordance with the Rules. That apart, it is also contended that, the resolution passed cannot be implemented without prior permission. That apart, it is stated that no procedures were followed by the Bank for appointment as per the existing norms. It is also submitted that petitioners cannot make any claim to regularize them in the service of the Bank since there is no prior permission provided by the Registrar for making any appointments or regularization of the Collection Agents engaged.

¶216

W.P.(C) No.5299 of 2007 & con. cases 10

¶217

It is also contended that, Sec.66 of the Act authorises the Registrar to supervise the work of every Cooperative Societies as frequently as he may consider necessary. Sec.66(5) of the Act empowers the Registrar to issue orders in writing and direct the Society or its officers to take such action as may be specified in such order within the time limit prescribed. Circular No.5/87 was issued by the Registrar on 30.01.1987 directing termination of irregular appointments, and the said circular was issued based on the direction of this Court. There is no political reason or other extraneous considerations behind the issuance of the order impugned. Therefore, according to the 2^nd respondent, petitioners have not made out any case warranting interference with the order impugned.

¶218

Heard learned counsel for the petitioners, learned Special Government Pleader [Co-operative Department] and the respective counsel appearing for the other respondents, perused the documents and pleadings.

¶219

The thrust of the contention advanced by Sri. N. Nandakumara Menon, learned Senior Counsel for the petitioners is that, the petitioners were appointed as Collection

¶220

W.P.(C) No.5299 of 2007 & con. cases 11

¶221

Agents by the Bank after conducting a due process of selection. That apart, security amounts were collected and bonds were executed. That apart, from the commission received by the petitioners, amounts were deducted towards the Welfare Fund of the Collection Agents and for contribution to the Pension Scheme launched in the Co-operative sector. Therefore, it is the contention of the learned Senior Counsel that, the conduct and action on the part of the Bank clearly exemplifies, the Bank has secured necessary permission from the Registrar of Co-operative Societies before making their appointments. That apart, it is also contended that, even though sub-section (3A) of Sec.80 of the Act was introduced into the Act with effect from 05.08.1995, and the appointments to the Banks in Schedule-I is left with the Kerala Public Service Commission, since the appointments were made to inferior posts, the said provision is not applicable. That apart, it is also contended that as provided under Rule 182(2), the Committee of the Society shall be the authority competent to appoint employees in a Co-operative Society. The other learned counsel appearing in the other two writ petitions adopted the contentions put forth by the learned Senior

¶222

W.P.(C) No.5299 of 2007 & con. cases 12

¶223

Counsel. It si also contended that by virtue of the interim order granted by this Court in the writ petitions, the petitioners are continuing in service.

¶224

Yet another contention advanced by learned Senior Counsel is that the petitioners are already over-aged and therefore they may not be in a position to secure any other employment in the Co-operative sector or other establishments under the Government or other private institutions. Therefore, it is contended that, if the impugned order is upheld, the livelihood of the petitioners will be curbed and they and their families will be put to innumerable difficulties and loss.

¶225

Per contra , learned Special Government Pleader contended that, the appointments made by the Bank as Collection Agents and Security Guards are without securing any permission from the Registrar of Co-operative Societies. In order to make appointments, the Committee has to secure prior permission from the Registrar and that apart, as provided under Sec.80(1), the Societies in the State shall be classified as shown in Appendix-III. Appendix-III provides staff pattern in various categories of societies and therefore in order to make any additional appointment in the societies, staff pattern

¶226

W.P.(C) No.5299 of 2007 & con. cases 13

¶227

is to be changed after securing approval from the State Government. The District Co-operative Bank, Thiruvananthapuram even though purportedly passed resolutions to secure regularization of these Collection Agents and other employees, no prior approval was secured from the Registrar. Therefore, according to the learned Special Government Pleader, the appointments of the petitioners are totally illegal and arbitrary. Therefore, the claims raised by the petitioners, with respect to the irregular and illegal appointments are unsustainable under law and the writ petitions are liable to be dismissed accordingly.

¶228

Reckoning the factual and legal situations discussed above, and perusing the documents and the pleadings put forth, the question to be considered is whether the petitioners are entitled as of right to seek regularization. The Kerala Cooperative Societies Act and Rules specifically prescribes and stipulates the manner in which the appointments are to be made to the Co-operative Banks and Societies. Sec.80 of the Act deals with officers of Co-operative Societies and the appointments made to the Societies in accordance with the type and financial position. Sub-section (2) of Sec.80

¶229

W.P.(C) No.5299 of 2007 & con. cases 14

¶230

empowers the Government in consultation with the Registrar to fix or alter the number and designation of the officers and servants of different classes of the societies specified in subsection (1). Sub-section (3) of Sec.80 empowers the Government to make Rules either prospectively or retrospectively regulating the qualification, remuneration, allowances and other conditions of service of the officers and servants of different classes of societies specified in subsection (1).

¶231

However, sub-section (3A) of Sec.80 excludes other provisions of the Act and the Rules and the bye-laws of any society relating to the recruitment and conditions of service of officers and servants of societies and stipulates that all appointments of officers and servants of the societies mentioned in Schedule-I of which direct recruitment is resorted to shall be made from a select list of candidates furnished by the Kerala Public Service Commission. The

¶232

Thiruvananthapuram District Co-operative Bank Ltd. is a Bank included in Schedule-I of the Act as Sl.No.16 and therefore all the appointments to the said Bank on and with effect from 05.08.1995 shall be made through Kerala Public Service

¶233

W.P.(C) No.5299 of 2007 & con. cases 15

¶234

Commission. Therefore, admittedly, it is clear that the procedure prescribed under sub-section (3A) of Sec.80 is not complied with.

¶235

As evident from sub-sections (1) and (2) of Sec.80, it is categoric and clear that a staff pattern is provided under Appendix-III in accordance with the classification of the societies according to its type as prescribed under Sec.15 of

¶236

the Act. Going by Appendix-III, it is clear that the appointment of the petitioners to the Bank is not in accordance with the staff pattern provided thereunder. So also, since the Bank in question is a Bank included in Schedule-I, is not entitled to resort to any appointment in terms of Rule 182 and also for the reason that there is no staff pattern provided. To top up all these issues, Bank has not secured any prior permission from the Registrar, even though resolutions were passed to that effect. Apart from the said kind of appointments, the Society is vested with powers to make appointments under Sec.80B through Co-operative Service Examination Board with respect to category of Junior Clerks and above. Sec.80B(4) enables the Committee of the society to make contract appointments of persons with experience and

¶237

W.P.(C) No.5299 of 2007 & con. cases 16

¶238

expertise to posts requiring technical or professional qualifications on contract basis for a maximum period of five years.

¶239

Therefore, considering the totality of the facts and circumstances of the cases and the provisions of law discussed above, it is categoric and clear that appointments of petitioners made by the Bank in question, are not in accordance with the terms and stipulations contained under the Act and Rules. It is also well-settled that one cannot make any claim for regularization without any legal right. Evaluation of the circumstances clearly establish that petitioners are not entitled to the reliefs sought for in the writ petitions. It is categoric and clear that they were appointed by the bank from 2004 onwards and they were directed to be terminated on the basis of an enquiry conducted under Sec.66 of the Act by the Registrar of Co-operative Societies in the year 2007. However, by virtue of the interim order granted by this Court, they were continuing in service. In the circumstances, petitioners are at liberty to approach the State Government with suitable representations seeking alternative employment.

¶240

W.P.(C) No.5299 of 2007 & con. cases 17

¶241

Sequel to the above discussion is that the writ petitions fail and they are accordingly dismissed, however, leaving open liberty of the petitioners to approach the State Government seeking suitable reliefs and claims. If the petitioners approach the State Government with representations within one month from the date of receipt of a copy of this judgment, same shall be considered by the Government within a further period of two months.

¶242

The writ petitions are dismissed, however subject to the above observation.

¶243

Sd/-

¶244

SHAJI P. CHALY JUDGE

¶245

//true copy//

¶246

P.S. to Judge

¶247

St/30.07.2016

V.Biju and 111 Others v. the State of Kerala and Others

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V.Biju and 111 Others v. the State of Kerala and Others

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