Dismissed

Sheeja J.Nair v. State of Kerala

Kerala HC18 Dec 2018WP(C)/27823/2017

Case brief

AI extract

What is this about?

The petitioner, a sweeper, filed a writ petition seeking to continue in service and be appointed permanently at Kerala State Co-operative Bank. The court recorded the submission that the petition was withdrawn without prejudice and dismissed it.

What did the court decide?

The writ petition is dismissed as withdrawn without prejudice to the petitioner's right to move the Co-operative Arbitration Court.

Sheeja J.Nair Vs State of Kerala — 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 MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY,THE 18TH DAY OF DECEMBER 2018/27TH AGRAHAYANA, 1940

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WP(C).No. 27823 of 2017

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PETITIONER:

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SHEEJA J.NAIR AGED 42 YEARS GREESHMAM, PLAKKADU,ADICHANALLOOR P.O., KOLLAM, PIN: 691 573. BY ADVS. SRI.SHOBY K.FRANCIS SMT.MISHAL M.DASAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION,SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM

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3 EXECUTIVE COMMITTEE KERALA STATE CO-OPERATIVE BANK LTD, THIRUVANANTHAPURAM P B NO.6515, CO BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM 695 033, REPRESENTED BY ITS PRESIDENT

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4 KERALA STATE CO-OPERATIVE BANK LTD THIRUVANANTHAPURAM, PB NO.695 515,CO BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM 695 033 REPRESENTED BY ITS MANAGING DIRECTOR.

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5 THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE BANK LTD THIRUVANANTHAPURAM, PB NO.6515,CO BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM 695 033

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6 THE BRANCH MANAGER KERALA STATE CO-OPERATIVE BANK LTD,KOLLAM BRANCH BY SRI.GILBERT GEORGE CORREYA, SC, KERALA STATE COOPERATIVE BANK LTD. SRI. BIMAL K.NATH, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.27823 of 2018

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:-2-:

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J U D G M E N T

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The petitioner, who was working as Sweeper in

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the 4^th respondent Kerala State Co-operative Bank,

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has filed this writ petition under Article 226 of

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the Constitution of India, seeking a writ of mandamus commanding respondents 5 and 6 to allow her to continue in service. The petitioner has also sought for a writ of mandamus commanding the respondents to appoint her to the post of Sweeper

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on a permanent basis as per the concerned Government Orders.

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On 14.9.2017 when this writ petition came

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up for consideration, this Court admitted the

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matter on file. The learned Government Pleader took notice for respondents 1 and 2 and the learned Standing Counsel took notice for respondents 3 to

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The learned Standing Counsel sought time to file statement.

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A counter affidavit has been filed by the

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W.P.(C)No.27823 of 2018

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:-3-:

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2^nd respondent and also by respondents 3 to 6. The 5^th respondent has also filed a counter affidavit. The petitioner has filed reply affidavit to the counter affidavits filed by respondents 3 to 6.

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Today, when the writ petition is taken up

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for consideration, Smt.Mishal M.Dasan, the learned

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counsel for the petitioner would submit that this writ petition may be dismissed as withdrawn, without prejudice to the right of the petitioner to move the Co-operative Arbitration Court under Section 69 of the Kerala Co-operative Societies Act, 1969, seeking appropriate reliefs.

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In such circumstances, recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, reserving the aforesaid right of the petitioner.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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ami/18.12.18

Sheeja J.Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sheeja J.Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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