Allowed

Mohanadasan.P v. Palakkad District Co-Operative Bank

Kerala HC22 Mar 2018WP(C)/1524/2018

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought exemption from graduation qualification for promotion as Branch Manager. The Court set aside the order rejecting the application due to no vacancies and directed the Registrar to reconsider and pass orders within six weeks.

What did the court decide?

Extension of the order vacating Ext.P1; direction to the 3rd Respondent to consider the exemption application within six weeks.

Mohanadasan.P Vs Palakkad District Co-Operative Bank — Cooperative Societies | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 22ND DAY OF MARCH 2018 / 1ST CHAITHRA, 1940

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WP(C).No. 1524 of 2018

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PETITIONER(S)

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MOHANADASAN. P., SENIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, P.B NO.21, H.P.O ROAD, SULTHANPET, PALAKKAD - 678 001.

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BY ADV.SRI.P.N.MOHANAN.

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RESPONDENT(S):

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1. PALAKKAD DISTRICT CO-OPERATIVE BANK, REPRESENTED BY ITS GENERAL MANAGER, P.B NO.21, H.P.O ROAD, SULTHANPET, PALAKKAD - 678 001. 2. ADMINISTRATOR, PALAKKAD DISTRICT CO-OPERATIVE BANK, P.B NO.21, H.P.O ROAD, SULTHANPET, PALAKKAD - 678 001. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001. R1 & R2 BY ADV. SRI.M.SASINDRAN, SC. R3 BY GOVT. PLEADER SMT.RAJI T.BHASKAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. 28/03/2018.

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WP(C).No. 1524 of 2018 (M)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE ORDER DATED 23.05.2017 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P2	A TRUE COPY OF THE COVERING LETTER DATED 01.06.2017 OF THE BANK.
EXHIBIT P3	A TRUE COPY OF THE ORDER 03.01.2018 OF THE FIRST RESPONDENT.
EXHIBIT P4	A TRUE COPY OF THE ORDER 22.01.2016 IN RESPECT OF MR.ABDUL RASHEED ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P5	A TRUE COPY OF THE ORDER 13.07.2016 OF THE FIRST RESPONDENT.
EXHIBIT P6	A TRUE COPY OF THE JUDGMENT DATED 01.08.2016 IN WP(C) NOS. 3846/2016 & 19032/2016.
EXHIBIT P7	A TRUE COPY OF THE JUDGMENT DATED 09.08.2016 IN WP(C) NO. 5939/2016.
EXHIBIT P8	A TRUE COPY OF THE ORDER DATED 05.10.2016 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P9	A TRUE COPY OF THE ORDER DATED 22.10.2016 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P10	THE RELEVANT PORTION OF THE SENIORITY LIST OF SENIOR ACCOUNTANT.
EXHIBIT P11	A TRUE COPY OF THE JUDGMENT DATED 09.02.2010 IN WP(C) NO. 1424/2010.
EXHIBIT P12	A TRUE COPY OF THE JUDGMENT DATED 18.03.2011 IN W.A NO. 361/2011.
EXHIBIT P13	A TRUE COPY OF THE JUDGMENT DATED 26.09.2016 IN W.P(C) NO. 24614/2015.
EXHIBIT P14	A TRUE COPY OF THE ORDER DATED 25/01/2018 OF THE FIRST RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE

rs. 28/03/2018.

ANU SIVARAMAN, J.

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W.P.(C).No.1524 of 2018

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--------------------------------Dated this the 22^nd day of March, 2018

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J U D G M E N T

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-------------------

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The prayers in this writ petition are as follows:

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“i. call for the records leading to issue Ext.P1 and quash the same by issuing a writ of certiorari or any appropriate writ order or direction.

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ii. Issue a writ of mandamus or any other appropriate writ order or direction directing the third respondent to consider the application for exemption submitted by the first respondent bank notwithstanding the availability of the vacancy to consider the claim for promotion in the available/subsequent vacancies.

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iii. Declare that petitioner is entitled to get exemption from acquiring the academic qualification of graduation for the purpose of promotion to the post of Branch Manager, retrospectively and consequential benefits as applicable in the post of Branch Manager.”

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Having heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned counsel appearing for the respondent Bank, I am of the opinion that the issue of exemption from the qualification is to be considered by the respondent Registrar of Co-operative Societies. It is stated that by Ext.P1 order, the petitioner's application for exemption was rejected on the ground that there were no vacancies in the Society warranting exemption from qualifications. The learned counsel for the petitioner submits that by Ext.P3, several promotions had been made and that the contention raised that there were no vacancies available was clearly incorrect. It is stated that the rejection of the application

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W.P.(C) No.1524 of 2018

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on the ground that there were no vacancies available is clearly not in accordance with the facts since the promotions had been made subsequent to Ext.P1 order as well. In the above view of the matter, I am of the opinion that the application preferred by the petitioner for exemption from qualification is liable to be considered, in accordance with law, by the 3^rd respondent.

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In the above view of the mater, Ext.P1 order is set aside. There will be a direction to the 3^rd respondent to take up, consider and pass orders on the application preferred by the petitioner for exemption, in accordance with law within a period of six weeks from the date of receipt of a copy of this judgment.

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The writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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sab

Mohanadasan.P v. Palakkad District Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Mohanadasan.P v. Palakkad District Co-Operative Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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