Disposed

Savithri v. the Senior Manager, Kerala State Co-Operative Bank Ltd.

Kerala HC13 Dec 2017WP(C)/36093/2017

Case brief

AI extract

What is this about?

Petitioner, a sweeper, filed a writ petition commanding the Managing Director of Kerala State Co-operative Bank to regularize her service. The Court directed the bank to consider the petitioner's representation of 13.9.2017 within one month without expressing an opinion on the merits.

What did the court decide?

Directing the second respondent to consider and pass appropriate orders on the representation dated 13.9.2017 within one month.

Savithri Vs the Senior Manager, Kerala State… — Cooperative Societies | 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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WEDNESDAY, THE 13TH DAY OF DECEMBER 2017/22ND AGRAHAYANA, 1939

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WP(C).No. 36093 of 2017 (J)

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PETITIONER(S):

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SAVITHRI, W/O. RAMANAN, AGED 48 YEARS, PANAPARAMBIL HOUSE, KODANNUR P.O., THRISSUR DISTRICT 680563.

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BY ADVS.SRI.T.G.RAJENDRAN SRI.T.R.TARIN SMT.ANN SUSAN GEORGE SRI.V.A.VINOD

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RESPONDENT(S):

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1. THE SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., THRISSUR BRANCH, THRISSUR-680001.

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2. THE MANAGING DIRECTOR, THE KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM-695003.

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3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, DPI JUNCTION, THAYCAD, THIRUVANANTHAPURAM-695014.

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4. THE DEPARTMENT OF CO-OPERATION, REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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R1 & R2 BY SRI.GILBERT GEORGE CORREYA, SC R3 & R4 BY SENIOR GOVERNMENT PLEADER SMT.C.S.SHEEJA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 36093 of 2017 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE ORDER NO.P & E/PD/II/CS/489/2005-2006 DATED 23.4.2005.

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EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 8.8.2010.

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EXHIBIT P3 TRUE COPY OF THE LETTER DATED 20.8.2013 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER DATED 23.12.2015.

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EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER DATED 24.10.2016.

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EXHIBIT P6 TRUE COPY OF THE MEMORANDUM ISSUED BY THE 2ND RESPONDENT DATED 28.1.2014.

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EXHIBIT P7 TRUE COPY OF THE POSTAL CARD DATED 18.9.2017 EVIDENCING THE FORWARDING OF REPRESENTATION DATED 13.9.2017 TO THE OFFICE OF THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS - NIL

/TRUE COPY/

PS TO JUDGE

ANIL K. NARENDRAN, J.

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W.P(C) No.36093 of 2017

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Dated this the 13^th day of December, 2017

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J U D G M E N T

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The petitioner, who is working as a daily wage Sweeper in

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Kerala State Co-operative Bank Ltd, Thrissur Branch as per Order No.P&E/PD/II/CS/489/2005-2006 dated 23.4.2005, is before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the second respondent to regularise her service. The petitioner has also sought for various other reliefs including a writ of mandamus commanding the second respondent to consider and pass appropriate orders on Exts.P4 and P5 within a time limit to be fixed by this Court.

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Heard the learned counsel for the petitioner, the learned counsel for respondents 1 and 2 and also the learned Government Pleader for respondents 3 and 4.

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During the course of arguments, the learned counsel for the petitioner would submit that the petitioner has submitted a representation dated 13.9.2017 before the Government highlighting her grievance on the issue of regularisation and the

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W.P(C) No.36093 of 2017 :-2-:

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said representation has already been forwarded by the Government to the Managing Director of the Bank, the second respondent herein, as evident from Ext.P7 receipt dated 18.9.2017.

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The learned counsel for respondents 1 and 2 would submit that the said representation dated 13.9.2017 is now pending consideration before the second respondent .

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In such circumstances, without going into the merits of the rival contentions, this writ petition is disposed of by directing the second respondent to consider and pass appropriate orders on the representation dated 13.9.2017 of the petitioner referred to in Ext.P7 with notice to the petitioner, as expeditiously as possible, at any rate, within a period of one month from the date of receipt a certified copy of this judgment.

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It is made clear that this Court has not expressed anything on the merits of the claim made by the petitioner in the aforesaid representation and it is for the second respondent to take a decision, strictly in accordance with law.

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Sd/- ANIL K. NARENDRAN JUDGE

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//True Copy//

Savithri v. the Senior Manager, Kerala State Co-Operative Bank Ltd.

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Savithri v. the Senior Manager, Kerala State Co-Operative Bank Ltd.

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