A writ petition seeking direction to reserve posts for Collection Agents. The Court directed the respondent Bank to appoint the petitioner as a Peon under the specified quota.
Directing respondents 4 and 5 to appoint the petitioner as Peon under the 25% quota reserved for Collection Agents and Appraisers within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 21ST DAY OF MARCH 2019 / 30TH PHALGUNA, 1940
WP(C).No. 3809 of 2019
PETITIONER:
MINI KUMARI, AGED 51 YEARS, W/O. LATE RAVINDRAN NAIR, COLLECTION AGENT, KULATHUPUZHA SERVICE CO-OPERATIVE BANK, KULATHUPUZHA, RESIDING AT THALAYILAZHIKATHU VEEDU, VILLUMALA P.O, KULATHUPUZHA, KOLLAM DISTRICT, PIN - 691 310.
BY ADVS. SRI.K.SIJU SMT.S.REKHA KUMARI SRI.S.ABHILASH
RESPONDENTS:
1 REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KERALA, RAJAJI NAGAR MARKET ROAD, THYCAUD, THIRUVANANTHAPURAM, KERALA - 695 001.
2 JOINT REGISTRAR (GENERAL) OFFICE OF THE JOINT RESGISTRAR OF CO-OPERATIVE SOCIETIES, CIVIL STATION, KOLLAM - 691 013.
BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL
SMT.C.S.SHEEJA-SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3809 of 2019 2
JUDGMENT
The petitioner is stated to be working as a
Commission Agent with the 4th respondent-Service Co-operative Bank from the year 1997 and she prays that the Bank be directed to appoint her to the post of Peon, which is even now available in the Bank, under the mandate of Ext.P2 Government Order, whereunder 25% of the posts in the cadre of Peon are to be reserved for Collection Agents and Appraisers. She says that, in fact, the Bank had, as early as on 14/07/2017, adopted Ext.P8 Resolution offering to appoint the petitioner as Peon in the next available vacancy and asserts
that now there is a vacancy in the 4th respondent-Bank. She, therefore, prays that the Bank be directed to appoint her based on Ext.P2 Government Order and Ext.P8 Resolution.
learned counsel appearing for respondents 4 and 5, submits that the Bank has already taken a decision to appoint the petitioner as Peon in the
WP(C).No. 3809 of 2019 3
aforementioned quota and that necessary orders in this regard will be issued within a period of one month from the date of receipt of a copy of this judgment.
In the afore circumstances, I allow this writ petition and consequently direct respondents 4 and 5 to appoint the petitioner as Peon under the 25% quota reserved for Collection Agents and Appraisers, as expeditiously as is possible but not later than one month from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/18.3.19
WP(C).No. 3809 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT | P1 | THE TRUE COPY OF THE APPOINTMENT ORDER |
|---|---|---|
| DATED 14.12.1997 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. |
||
| EXHIBIT | P2 | THE TRUE COPY OF G.O.(MS) NO.87/2015 DATED 15.7.2015. |
| EXHIBIT | P3 | THE COPY OF THE REQUEST DATED 17.10.2016 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. |
| EXHIBIT | P4 | THE COPY OF HALL TICKET AND COVERING LETTER ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT | P5 | THE COPY OF REPRESENTATION DATED 19.12.2016 SUBMITTED BEFORE THE 2ND RESPONDENT. |
| EXHIBIT | P6 | THE COPY OF ORDER FORWARDING THE REPRESENTATION TO THE 3RD RESPONDENT DATED 24.12.2016. |
| EXHIBIT | P7 | THE COPY OF THE JUDGMENT DT.05.06.2017 IN W.P(C) NO.11342/2017 OF THE HON'BLE HIGH COURT OF KERALA. |
| EXHIBIT | P8 | THE COPY OF LETTER DATED 15.07.2017 AND THE COPY OF EXTRACT OF THE RESOLUTION DT.14.07.2017. |
| EXHIBIT | P9 | THE COPY OF JUDGMENT IN CON.CASE(C) NO.173/2019 DT.30.01.2019. |
| RESPOND | ENT'S/S E | XHIBITS: |
| NIL |
MC (TRUE COPY) PA TO JUDGE
2 issues framed by the court
Whether the petitioner is entitled to appointment as a Peon under the 25% quota reserved for Collection Agents and Appraisers as per the Government Order?
Whether the Bank vacancies in the cadre of Peon must be filled by appointing the petitioner based on the Government Order and Resolution?
MINI KUMARI
REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KERALA
JOINT REGISTRAR (GENERAL)
ASSISTANT REGISTRAR
KULATHUPUZHA SERVICE CO-OPERATIVE BANK
THE MANAGING COMMITTEE, KULATHUPUZHA SERVICE CO-OPERATIVE BANK
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
