Disposed

~.G.Mohanakumar v. Sasthamcotta Co-Operative Agricultural

Kerala HC7 Jun 2016WP(C)/9836/2011

Case brief

AI extract

What is this about?

The court directed the Joint Registrar to consider the petitioner's representation for retrospective promotion to Assistant Secretary, dismissing the bank's argument to seek arbitration remedies long after the petitioner retired.

What did the court decide?

The Joint Registrar of Cooperative Societies is directed to consider the petitioner's representation (Ext.P3) with notice to parties and pass orders within two months.

~.G.Mohanakumar Vs Sasthamcotta Co-Operative… — 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 SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 7TH DAY OF JUNE 2016/17TH JYAISHTA, 1938

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WP(C).No. 9836 of 2011 (D)

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PETITIONER :

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S.G. MOHANKUMAR,

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BRANCH MANAGER, ADOOR BRANCH, SASTHAMCOTTA, CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.Q.373, SASTHAMCOTTA P.O.

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BY ADV. SRI.D.SREEKUMAR

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RESPONDENT(S) :

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1. SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.Q.373, SASTHAMCOTTA P.O., KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY-690 521.

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2. BOARD OF DIRECTORS OF SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.Q.373, SASTHAMCOTTA P.O., KOLLAM DISTRICT, REPRESENTED BY ITS PRESIDENT-690 521.

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3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM-691 001.

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R1 & R2 BY ADVS. SRI.V.G.ARUN

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SRI.T.R.HARIKUMAR R3 BY GOVT. PLEADER SRI. ABHIJETT LESSLIE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 9836 of 2011 (D)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1 : TRUE COPY OF THE REPRESENTATION DATED 11/1/2011 SUBMITTED BY THE PETITIONER TO THE PRESIDENT OF THE BANK.

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EXT.P2 TRUE COPY OF THE PROCEEDINGS DATED 8/6/2010 OF THE BANK PROMOTING THE PETITIONER AS BRANCH MANAGER.

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EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 21/3/2011 SUBMITTED BY THE PETITIONER.

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EXT.P4 TRUE COPY OF THE PROCEEDINGS OF THE PRESIDENT SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD DATED 21.7.2011.

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EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 8-8-2011 SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT, SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD DATED 21.7.2011.

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RESPONDENT'S EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

P.V.ASHA J.

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W.P.(C) No.9836 of 2011

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--------------------------------------------------- Dated this the 7^th day of June, 2016

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J U D G M E N T

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The petitioner while working as a Branch Manager under the first respondent, Co-operative Bank, filed this writ petition, complaining that he was denied promotion as Assistant Secretary, against the vacancy which arose with effect from 01.11.2010. During the pendency of the writ petition, the Bank issued Ext.P4 order, promoting his junior Shri.Jalaludheen Kutty as Assistant Secretary with effect from 01.11.2010. Petitioner retired from service on 31.03.2011. Even though, the order of promotion was issued only on 21.07.2011, his junior was granted promotion with effect from 01.11.2010 i.e., with effect from a date when the petitioner was in service. Pointing out the illegality in denying promotion, the petitioner had already submitted a representation before the Joint Registrar of Co-operative Societies, as per Ext.P3.

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The 1^st respondent has not filed any counter affidavit. The learned Standing Counsel appearing for the

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W.P.(C) No.9836 of 2011

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first respondent submitted that on account of code of conduct preceding the election as well as the pendency of an Arbitration case, promotion was delayed and when Ext.P4 order was issued, the petitioner was not in service. The learned Standing Counsel also submitted that the petitioner ought to have approached the Arbitration Court, instead of filing the writ petition before this Court.

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It is seen that the writ petition has been pending before this Court since 2011. The respondent Bank did not file any counter affidavit stating that petitioner has to approach the Arbitration Court. Therefore to relegate the petitioner who retired from service in 2011 to those remedies at this distance of time is unjust.

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It is an admitted fact that the junior of the petitioner was given promotion with effect from 01.11.2010, the date from which the petitioner had claimed promotion. At the relevant time, the petitioner's senior Smt.Susama Varghese, who was working as

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W.P.(C) No.9836 of 2011

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Assistant Secretary was given charge as Secretary with effect from 01.11.2010. By Ext.P4 order, she was also granted regular promotion with effect from 01.11.2010. No justifiable reason is stated for denying promotion to petitioner.

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The petitioner had already approached the Joint Registrar with a complaint as against the denial of promotion. Therefore, 3^rd respondent has to consider the representation Ext.P3 submitted by the petitioner and to see that appropriate action is taken on the same to grant the benefits due to the petitioner who was eligible for promotion as Assistant Secretary with effect from 01.11.2010.

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I therefore direct the Joint Registrar of Cooperative Societies -the 3^rd respondent to consider Ext.P3 representation with notice to both parties and to pass orders thereon within a period of 2 months from the date of receipt of copy of the judgment. Petitioner will be free

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W.P.(C) No.9836 of 2011

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to submit additional representation, if so advised, along

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with a copy of the judgment.

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This writ petition is disposed of accordingly.

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Sd/- P.V.ASHA, JUDGE.

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AS/08/06/16

~.G.Mohanakumar v. Sasthamcotta Co-Operative Agricultural

Case brief

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~.G.Mohanakumar v. Sasthamcotta Co-Operative Agricultural

Case brief

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