Dismissed

Bijitha P.C v. Joint Registrar of Co-Op Societies (G) Ernakulam

Kerala HC18 Dec 2017WP(C)/25038/2013

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a writ petition by an employee seeking a writ of mandamus to conduct selection for a peon post. The Court held that no purpose would be served by directing consideration of the grievance since the recruitment process and appointments had already been completed during the petition's pendency.

What did the court decide?

No relief granted. The writ petition was dismissed as the recruitment process was already completed.

Bijitha P.C Vs Joint Registrar of Co-Op Societies (G)… — Service and Employment | Kerala HC (2017)

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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 ANIL K.NARENDRAN

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MONDAY, THE 18TH DAY OF DECEMBER 2017/27TH AGRAHAYANA, 1939

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WP(C).No. 25038 of 2013 (D)

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PETITIONER:-:

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BIJITHA P.C.,

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W/O.BALAN T.C., AGED 27 YEARS, PALLIKKANDATHIL HOUSE, EAST VELIYATHUNADU, WEST VELIYATHUNADU P.O., ALUVA, ERNAKULAM DISTRICT, PIN - 683 511.

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BY ADVS.SRI.M.M.MONAYE

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SRI.M.PAUL VARGHESE SRI.DESI MATTHAI

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RESPONDENTS:-:

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1. JOINT REGISTRAR OF CO-OP SOCIETIES (GENERAL), ERNAKULAM, KAKKANAD, KOCHI - 682 030.

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2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PARUR, PIN - 695 001.

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3. VELIYATHUNAD SERVICE CO-OPERATIVE BANK LTD. NO.E-298, U.C COLLEGE P.O., ALUVA, ERNAKULAM DISTRICT, PIN - 683 102, REPRESENTED BY ITS SECRETARY.

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4. BOARD OF DIRECTORS,

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VELIYATHUNAD SERVICE CO-OPERATIVE BANK LTD. NO.E-298,

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U.C COLLEGE P.O., ALUVA, ERNAKULAM DISTRICT, PIN - 683 102,

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REPRESENTED BY ITS PRESIDENT.

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R1 & R2 BY SR GOVERNMENT PLEADER SRI.K.P. HARISH R3,R4 BY ADV. SRI.P.P.JACOB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sdr/-

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WP(C).No. 25038 of 2013 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1. TRUE COPY OF A CERTIFICATE DATED 14.01.2009

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ISSUED TO THE PETITIONER BY THE SECRETARY OF THE BANK.

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EXHIBIT P2. TRUE COPY OF THE NOTIFICATION DATED 18.07.2013 PUBLISHED IN JANMABHOOMY DAILY.

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EXHIBIT P3. TRUE COPY OF THE CIRCULAR DATED 09.11.2011.

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EXHIBIT P4. TRUE COPY OF THE CALL LETTER ISSUED TO THE APPLICANT.

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EXHIBIT P5. TRUE COPY OF THE PETITION DATED 09.10.2013 SUBMITTED TO THE 1ST RESPONDENT.

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EXHIBIT P6. TRUE COPY OF THE PETITION DATED 09.10.2013 SUBMITTED TO THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS

NIL

/TRUE COPY/

PA TO JUDGE

sdr/-

ANIL K. NARENDRAN, J.

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----------------------------------------------W.P(C) No.25038 of 2013

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Dated this the 18^th day of December, 2017

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J U D G M E N T

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The petitioner has approached this Court in this writ petition seeking a writ of mandamus commanding respondents 1 and 2 to take immediate action upon Exts.P5 and P6 representations and to take steps to conduct the selection to the vacant post of peons in the 3^rd respondent Bank as per rules and as per Ext.P3 circular. The petitioner has also sought for other consequential reliefs.

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On 11.10.2013 when this writ petition came up for admission, the learned Government Pleader sought time to get instruction. This Court issued notice to the 3^rd respondent. This Court has also made it clear that appointments, if any, made will be subject to the result of the writ petition.

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Today, when this writ petition is taken up for further consideration, it is submitted by the learned counsel for the 3^rd respondent Bank that during the pendency of this writ petition, the recruitment process initiated pursuant to Ext.P2 notification

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W.P(C) No.25038 of 2013 :-2-:

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has already been completed and persons have already been appointed.

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In such circumstances, no purpose will be served by directing the first respondent to consider the grievance of the petitioner in Ext.P5 representation, especially when persons who got employment in terms of Ext.P2 notification are not made parties to this writ petition.

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In such circumstances, nothing survives in this writ petition and the same is accordingly dismissed.

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Sd/- ANIL K. NARENDRAN JUDGE //True Copy//

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P.A to Judge

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Bijitha P.C v. Joint Registrar of Co-Op Societies (G) Ernakulam

Case brief

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Bijitha P.C v. Joint Registrar of Co-Op Societies (G) Ernakulam

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