Petitioner challenged rejection of promotion exemption citing lack of vacancies. Subsequent order showed new temporary promotions. Court directed 3rd respondent to reconsider the original resolution providing hearing opportunity within two months.
Directed to reconsider resolution providing hearing within two months.
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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. 5939 of 2016 (N)
PETITIONER(S):
K.KRISHNAN, SENIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD.
BY ADVS.SRI.P.N.MOHANAN SRI.C.P.SABARI
RESPONDENT(S):
1. PALAKKAD DISTRICT CO-OPERATIVE BANK REPRESENTED BY ITS GENERAL MANAGER, P.B.NO.21, H.P.O.ROAD, SULTHANPET, PALAKKAD - 678 001.
2. THE MANAGING COMMITTEE OF PALAKKAD DISTRICT. CO-OPERATIVE BANK, REPRESENTED BY ITS PRESIDENT, P.B.NO.21, H.P.O.ROAD, SULTHANPET, PALAKKAD 678 001.
3. THE REGISTRAR OF CO-OPERATIVE SOCIEITES THIRUVANANTHAPURAM 695 001.
R1 & R2 BY SRI.M.SASINDRAN, SC, R3 BY SENIOR GOVERNMENT PLEADER SRI. PAUL VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 5939 of 2016 (N)
APPENDIX
| PETITIO ------- |
NER(S)' EXHIBITS ---------------- |
|
|---|---|---|
P1: |
A TRUE COPY OF THE BY THE ADMINISTRATO |
RESOLUTION DATED 18/1/2013 PASSED R |
| P2: | A TRUE COPY OF THE OF THE FIRST RESPON |
RESOLUTION NO.3 DATED 30/7/2015 DENT |
| P3: | A TRUE COPY OF THE LIST |
RELEVANT PORTION OF THE SENIORITY |
| P4: | ORDER DATED 22/12/2 THE COVERING LETTER TRANSLATION |
015 OF THE REGISTRAR ALONG WITH OF THE FIRST RESPONDENT WITH |
| P5: | A TRUE COPY OF THE RESPECT OF ONE MR.K |
ORDER DATED 9/12/2015 ISSUED IN ANNAN OF THE FIRST RESPONDENT |
| P6: | A TRUE COPY OF THE NO.18999/2013 |
JUDGMENT DATED 9/12/2013 IN WPC |
| P7: | A TRUE COPY OF THE NO.13940/13 |
JUDGMENT DATED 11/12/2013 IN WPC |
| P8: | A TRUE COPY OF THE NO.13940/13. |
JUDGMENT DATED 3/12/2013 IN WPC |
| P9: | A TRUE COPY OF THE NO.773/2014 |
JUDGMENT DATED 28/1/14 IN WPC |
| P10: | A TRUE COPY OF THE THE CASE OF SRI.KOO |
ORDER DATED 31/3/2015 ISSUED IN LIKAN |
| P11: | A TRUE COPY OF THE DATED 4/2/2015 IN W |
ORDER OF THIS COURT PC NO.760/15 |
| P12: | A TRUE COPY OF THE 5/2/2015 IN WPC NO. |
ORDER OF THIS COURT DATED 847/14. |
| P13: | COPY OF THE ORDER D POST SANCTIONED IN |
T 28/5/2016 OF THE ADDITIONAL THE CADRE OF BRANCH MANAGER. |
| P14: | COPY OF THE INTERIM NO. 760/2015 |
ORDER DT 4/2/2015 PASSED IN WPC |
| P15: | COPY OF THE PROMOTI | ON ORDER DT 13/7/2016. |
| RESPOND | ENT(S)' EXHIBITS : |
NIL. //TRUE COPY// P.A. TO JUDGE |
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SHAJI P. CHALY, J.
W.P.(C). No.5939 of 2016
----------------------------------------------Dated this the 9th day of August, 2016
JUDGMENT
This writ petition is filed challenging Ext.P4 order passed by the 3rd respondent, whereby, exemption from qualification sought for by the 1st respondent bank in respect of qualification of the petitioner, was rejected. Bank as per Ext.P2 resolution sought for exemption from qualification to the petitioner to provide promotion to the post of Branch Manager. However, the same was declined by Ext.P4 stating that, there are no vacancies available with the bank for promotion of the petitioner and therefore, exemption from qualification at that juncture is not required.
W.P.(C). No.5939 of 2016
2
mentioned therein. Therefore, it is only just and proper that the resolution Ext.P2 submitted by the bank is re-considered by the 3rd respondent.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE
smv 09.08.2016
1 issue framed by the court
Whether the 3rd respondent must reconsider the bank's promotion resolution given the emergence of promotions in Ext.P15.
K.Krishnan
Palakkad District Co-operative Bank
The Managing Committee of Palakkad District. Co-operative Bank
The Registrar of Co-operative Societies Thiruvananthapuram
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
