Disposed

Dhanya.K.C. v. Sulthan Batheri Taluk Primary Co-Operative Agricultural and Rural Development Bank Ltd.No. W 299

Kerala HC6 Dec 2017WP(C)/4590/2014

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by an appointed Part-Time Sweeper seeking appointment in a Co-operative Bank. The Court directed the Joint Registrar of Co-operative Societies to consider and pass appropriate orders on specific pending representations submitted by the petitioner within two months.

What did the court decide?

The 2nd Respondent directed to consider and pass appropriate orders on representations Exts.P8, P9 and P13 within two months.

Dhanya.K.C. Vs Sulthan Batheri Taluk Primary… — Company and Corporate | 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 6TH DAY OF DECEMBER 2017/15TH AGRAHAYANA, 1939

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WP(C).No. 4590 of 2014 (W)

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PETITIONER:

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DHANYA.K.C,

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D/O.CHANDRAN (LATE),AGED 24 YEARS, KOCHUPARAMBIL HOUSE, MANALVAYAL P.O., ERULAM, PULPALLI, SULTHAN BATHERI, WAYANAD DISTRICT, PIN-673579.

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BY ADV. SRI.P.U.SHAILAJAN

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RESPONDENT(S):

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1. SULTHAN BATHERI TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO. W 299 REPRESENTED BY ITS SECRETARY, SULTHAN BATHERI, WAYANAD DISTRICT, PIN-673592.

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2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, NORTH KALPATTA P.O., KINATTI, WAYANAD DISTRICT.673121

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3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 695001.

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R1 BY ADV. SRI.V.SREEJITH

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R2,R3 BY GOVERNMENT PLEADER SMT MABLE C.KURIAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 4590 of 2014 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1: COPY OF THE ADVERTISEMENT IN DESHABHIMANI DATED 21.3.2010.

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P2: COPY OF THE ADVERTISEMENT IN KERALA KAUMUDI DATED 22.3.2010.

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P3: COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER DATED 27.5.2011 ISSUED BY THE PRESIDENT SULTHAN BATHERY COOPERATIVE AGRL. AND RURAL DEVELOPMENT BANK LTD. NO.W 225.

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P4: COPY OF THE JOININT REPORT DATED 30.5.2011 BY PETITIONER.

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P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SPECIAL OFFICER/ASSISTANT REGISTRAR DATED 22.5.2012.

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P6: COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 15.6.2012.

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P7: COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO VALUATION OFFICER DATED 22.6.2012.

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P8: COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 20.7.2012.

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P9: COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 23.9.2013.

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P10: COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT DATED 23.9.2013.

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P11: COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER DATED 22.9.2013 TO THE DISTRICT COLLECTOR, WAYANAD.

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P12: COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE ASSISTANT REGISTRAR/VALUATION OFFICER DATED 29.10.2013.

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P13: COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 7.11.2013.

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P14: COPY OF THE PROCEEDINGS OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA APPOINTING SPECIAL IN SULTHAN BATHERI COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.W.225 AS PER THE ORDINANCE NO.45/2011.

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P15: COPY OF THE PROCEEDINGS WITH NO.CCT(3) 34505/11 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, STATING ABOUT THE FURTHER PROCEEDINGS TO BE TAKEN ON ACCOUNT OF THE ORDINANCE NO.45/2011.

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P16: COPY OF THE PROCEEDINGS OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 29.9.2011 REGARDING THE LOAN DISBURSEMENT BY THE BANKS, WHOSE REGISTRATION IS CANCELLED AS PER THE ORDINANCE NO.45/2011.

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WP(C).No. 4590 of 2014 (W)

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P17: COPY OF THE ADVERTISEMENT IN MATHRUBHOOMI DAILY DATED 19.1.2014.

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P18: COPY OF THE ADVERTISEMENT IN MALAYALA MANORAMA DAILY DATED 19.1.2014.

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P19: TRUE COPY OF THE ORDER DATED 2.5.2012 OF THE WAYANAD PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK ALONG WITH THE REPLY AS PER THE RIGHT TO INFORMATION ACT TO THE PETITIONER.

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P20: TRUE COPY OF THE JOINING REPORT OF SRI.RATHEESH KUMAR AND OTHERS DATED 3.5.2012 SENT BY THE CHIEF EXECUTIVE OFFICER OF THE 1ST RESPONDENT BANK.

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P21: TRUE COPY OF THE AGREEMENT DATED 6.7.2011 EXECUTED BY THIS PETITIONER TO THE FORMER BANK.

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RESPONDENT(S)' EXHIBITS NIL -----------------------

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/TRUE COPY/

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K.V. P.S.TO JUDGE

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ANIL K.NARENDRAN, J. --------------------------------------W.P.(C).No.4590 of 2014

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Dated this the 6^th day of December, 2017

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J U D G M E N T

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The petitioner, who was appointed as a Part-Time Sweeper in Sulthan Batheri Taluk Primary Co-operative Agricultural and Rural Development Bank Ltd. No.W299, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P17 and P18 notifications dated 19.01.2014, inviting applications for various posts in the 1^st respondent Bank, including one post of Part-Time Sweeper. She has also sought for a writ of mandamus commanding the respondents to permit her to continue as Part-Time Sweeper in the 1^st respondent Bank or to appoint her as Part-Time Sweeper in the 1^st respondent Bank or in the alternative, direct the respondents to consider Exts.P5, P7, P8, P9, P10, P12 & P13 representations submitted by her, within a specified period.

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On 14.02.2014, when this writ petition came up for admission, this Court issued urgent notice by speed post to the 1^st respondent. The learned Government Pleader took notice for respondents 2 and 3. This Court has also made it clear that appointment to the post of Part-Time Sweeper mentioned as Serial No.6 in Exts.P17 and P18, shall be kept in abeyance for a period of two weeks. The said interim order, which was extended from time

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W.P.(C).No.4590 of 2014

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time, was extended until further orders on 17.10.2014.

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Pursuant to the order dated 19.02.2015 in I.A.No.2567 of 2015, the petitioner was permitted to amend the writ petition and accordingly, amended writ petition has also been filed.

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Today, when the case is taken up for further consideration, the learned counsel for the petitioner would confine the relief sought for as one directing the 2^nd respondent to consider and pass appropriate orders on Exts.P8, P9 and P13 representations dated 20.07.2012, 23.09.2013 and 07.11.2013, respectively.

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Heard the learned counsel for the petitioner, the learned counsel for the 1^st respondent Bank and also the learned Government Pleader appearing for respondents 2 and 3.

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The learned Government Pleader, with reference to paragraph 12 of the counter affidavit filed by the 3^rd respondent, would submit that if Exts.P8, P9 and P13 representations are still pending consideration, the same shall be disposed of by the 2^nd respondent, within a time limit that may be specified by this Court, after hearing the petitioner and also the 1^st respondent Bank.

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In such circumstances, this writ petition is disposed of directing the 2^nd respondent to consider and pass appropriate orders on Exts.P8, P9 and P13 representations submitted by the petitioner, if the said representations are still pending consideration, strictly in accordance with law, with notice to the petitioner and also to the 1^st

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W.P.(C).No.4590 of 2014

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respondent Bank, within a period of two months from the date of receipt of a certified copy of this judgment.

Sd/-

ANIL K.NARENDRAN

JUDGE

Dhanya.K.C. v. Sulthan Batheri Taluk Primary Co-Operative Agricultural and Rural Development Bank Ltd.No. W 299

Case brief

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Dhanya.K.C. v. Sulthan Batheri Taluk Primary Co-Operative Agricultural and Rural Development Bank Ltd.No. W 299

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