Remanded

Rahila.a., v. State of Kerala

Kerala HC14 Mar 2019WP(C)/3990/2019

Case brief

AI extract

What is this about?

Employees challenging reversion from temporary promotions sought an opportunity of hearing. The Court held continuation was untenable but directed the Part Time Administrator to issue notice and afford hearing before reversion to address natural justice grievances.

What did the court decide?

Direction to Part Time Administrator to issue notice to petitioners and afford them opportunity of being heard before reversion.

Rahila.a., Vs State of Kerala — Service and Employment | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

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WP(C).No. 3990 of 2019

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PETITIONER/S:

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1 RAHILA.A., AGED 47 YEARS CLERK/CASHIER,THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD,ARUVIPPURAM BRANCH,RESIDING AT SAJIN MANZIL,PALLINADA,ARUMALOOR,KANDALA.P.O, THIRUVANANTHAPURAM DISTRICT.

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2 BIJU.B,CLERK/CASHIER,DISTRICT CO-OPERATIVE BANK LTD,KADINAMKULAM BRANCH,RESIDING AT KATTILVEEDU, THEKKUMBHAGOM,KADAKAVOOR.P.O,THIRUVANANTHAPURAM DISTRICT.

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3 LEKHA.K.S,CLERK/CASHIER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD,VANCHIYOOR BRANCH,RESIDING AT TC 64/13,LEKHA NIVAS,EDAGRAMAM,PAPPANAMCODE.P.O,THIRUVANANTHAPURAM DISTRICT.

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4 BABU.T.B,CLERK/CASHIER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD,PRASANTH NAGAR BRANCH,RESIDING AT G.R.NIVAS, PLANKALA,KONCHIRA.P.O,VEMBAYAM,THIRUVANANTHAPURAM DISTRICT.

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5 REJITHA.R.L,CLERK/CASHIER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD,BALARAMAPURAM MAIN BRACH,RESIDING AT B.V.BHAVAN,VATTAVILA,PAYATTUVILA.P.O,BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT.

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6 ABHISHEK.V.S,CLERK/CASHIER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD,KATTAKADA M AND E BRANCH,RESIDING AT KAVUVILA PUTHEN VEEDU,MANDAPATHINKADAVU,OTTASEKHARAMANGALAM, THRUVANANTHAPURAM DISTRICT.

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7 NUJUMUDEEN,CLERK/CASHIER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD,KULATHOOR BRANCH,RESIDING AT SATHYAVILASOM BUNGLOW,PALLIPPURAM.P.O,THIRUVANANTHAPURAM DISTRICT.

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8 PRAVEEN.P,CLERK/CASHIER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD,KILIMANOOR BRANCH,RESIDING AT VILAYIL VEEDU, MELATTUMOOZHY,VAMANAPURAM(VIA),THIRUVANANTHAPURAM DISTRICT.

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9 SINDHU.V,CLERK/CASHIER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD,KATTAKADA M AND E BRANCH,RESIDING AT SREELAKSHMI,KARUMBUVILAKAM,AMBALATHINKALA.P.O, KATTAKADA,THIRUVANANTHAPURAM.

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WP(C).Nos. 3990 & 5403 of 2019

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10 ANILKUMAR.K,CLERK/CASHIER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD,NEDUMANGAD M AND BRANCH,RESIDING AT PARTHASARADHI,KUNNIDA,KOLIYACODE.P.O,VENJARAMOODU,THIRUVANA NTHAPURAM DISTRICT.

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BY ADVS. SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION(B)DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

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

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3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), THIRUVANANTHAPURAM-695001.

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4 THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD, REPRESENTED BY ITS GENERAL MANAGER,HEAD OFFICE, EAST FORT,THIRUVANANTHAPURAM-695001.

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5 THE PART-TIME ADMINISTRATOR, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD,HEAD OFFICE,EAST FORT,THIRUVANANTHAPURAM-695001.

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BY ADV. SRI.THOMAS ABRAHAM -SC

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OTHER PRESENT:

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SMT.C.S.SHEEJA-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, ALONG WITH WP(C).5403/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos. 3990 & 5403 of 2019

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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 DEVAN RAMACHANDRAN

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THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

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WP(C).No. 5403 of 2019

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PETITIONER/S:

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1 AJITHAKUMARI.B, AGED 47 YEARS

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CLERK-CASHIER, , THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, VIZHINJAM BRANCH , RESIDING AT MANDANAM, PERINGAMMALA, KALLIYOOR P.O, THIRUVANANTHAPURAM.

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2 JAYASREE S, CLERK-CASHIER, , THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, JAGATHY BRANCH, RESIDING AT TC23/1243, MELARANOOR, KARAMANA, THIRUVANANTHAPURAM.

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3 RAHUL R I, CLERK-CASHIER, , THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, PUNNAKULAM BRANCH, RESIDING AT PONNAMBALAM NIVAS, MANCHAM KUZHY, KAZHIVOOR P.O, NEYYATTINKARA, THIRUVANANTHAPURAM.

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4 AJITHAKUMARI T,

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CLERK-CASHIER, , THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, PUTHENCHANTHA BRANCH, RESIDING AT PARAMBIL VEEDU, KALLIKKADU, MULAKKARA P.O, THIRUVANANTHAPURAM.

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5 SHAJI N R,

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CLERK-CASHIER, , THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, UCHAKKADA BRANCH, RESIDING AT S R BHAVAN, CHENKKAL P.O, NEYYATTINKARA, THIRUVANANTHAPURAM.

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6 UNNI KRISHNAN B, CLERK, SERVICE BRANCH, THIRUVANANTHAPURAM DISTRICT COOPERATIVE BANK, RESIDING AT SREEKRISHNA, TC 41/1665(2), ATTUKAL, MANACAUD P.O, THIRUVANANTHAPURAM.

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7 SAJEESH KUMAR K,

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CLERK-CASHIER, , THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, RESIDING AT CHEKKITTAVILAM, KOLIYAKODE, VENJARAMMOODU, THIRUVANANTHAPURAM.

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WP(C).Nos. 3990 & 5403 of 2019

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8 HARILAL K.R, CLERK-CASHIER, , THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, VENJARAMMOODU BRANCH, RESIDING AT KATTACKALIL VEEDU, PERUMALA, ,PULLAMBARA, VENJARAMMOODU, THIRUVANANTHAPURAM.

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BY ADV. SRI.K.B.ARUNKUMAR

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RESPONDENT/S:

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

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2 REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA STATE, THIRUVANANTHAPURAM 695 001.

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3 THIRUVANANTHAPURAM DISTRICT CO-OEPRATIVE BANK LTD, FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.THOMAS ABRAHAM - SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, ALONG WITH WP(C).3990/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos. 3990 & 5403 of 2019

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J U D G M E N T

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The petitioners herein are stated to be the employees of the Thiruvananthapuram District Co-operative Bank Ltd; and they are impugning certain proceedings issued by the Joint Registrar of Co-operative Societies, as well as by the competent Secretary of the Government of Kerala, wherein, they have been ordered to be reverted on the ground that their earlier promotions are irregular.

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The petitioners concede that they were promoted through an order issued by the respondent – Bank, dated 31.10.2016, anticipating re-classification of the Society and that the said order had made it very clear that their promotions were purely temporary and subject to the orders of classification to be issued by the competent Authorities.

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The petitioners also admit that the resolution passed by the respondent Bank for classification was rejected by an order of the Assistant Registrar of the Co-operative Societies, dated 30.04.2018; and that even though this order was challenged before this Court by certain other employees of the Bank in W.P.(C)No.4312 of 2019, the said writ petition was

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WP(C).Nos. 3990 & 5403 of 2019

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dismissed, holding that the employees of the Bank cannot obtain locus to make such a challenge. The petitioners therefore, say that before any further action to revert them is taken by the Society, they may be afforded an opportunity of being heard and they contend that otherwise, it will amount to violation of the principles of natural justice.

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Even though I hear the learned counsel for the petitioners as afore, the fact remains that the petitioners were admittedly promoted in the year 2016 anticipating a reclassification of the Society; and consequently, it has been made clear, in the promotion order issued by the respondent – Bank, that their promotions were purely temporary and subject to the orders of such re-classification. Since it is now conceded before me by the learned counsel for the petitioners that the request of the respondent – Bank for re-classification has been turned down and that this Court has rejected the challenge against the said order in W.P.(C)No.4312 of 2019, it is obvious that the petitioners cannot obtain any further vested or statutory right to continue in the post they are occupying, based on such temporary promotions.

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WP(C).Nos. 3990 & 5403 of 2019

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That said, I am aware that the petitioners' specific contention is that the Joint Registrar of Co-operative Societies or the Secretary of Government could not have ordered their reversion without affording them an opportunity of being heard, since, they have been promoted through a valid order and therefore, that they can be reverted only after following due procedure.

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Smt.C.S.Sheeja, the learned Senior Government Pleader appearing on behalf of the official respondents, says that the petitioners cannot obtain any competence to file this writ petition because, they are fully aware that their promotions were purely temporary in nature and subject to the orders to be issued by the competent Authorities with respect to the re-classification of the respondent Bank. She says that since the resolution of the Society for re-classification has now been rejected and this Court has approved the same in W.P.(C)No.4312 of 2019, it would not be possible for the petitioner to claim that they are entitled to continue in the promoted posts any longer. She however, says that since directions have been issued by the Joint Registrar and

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WP(C).Nos. 3990 & 5403 of 2019

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the Secretary to the Government to the Part Time Administrator, who is now in charge of the affairs of the respondent – Bank, it will be now up to the said Authority to take a decision in terms of the impugned orders.

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Taking note of the afore submissions, I am certainly of the view that this Court will not be in a position to grant any of the reliefs as sought for by the petitioners in these cases; however, I am certainly of the opinion that the Part Time Administrator will have to issue them appropriate notices, based on the impugned orders, proposing to revert them and afford them an opportunity of being heard so that their grievance of violation of principles of natural justice can be allayed.

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Of course, I am not sure whether this would obtain any real benefit to the petitioners since, as I have already indicated above, their continuation in the promoted posts appear to be untenable going by the terms of the promotion order itself.

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Resultantly, these writ petitions are ordered and I direct the Part Time Administrator of the Thiruvananthapuram District Co-operative Bank Limited to issue an appropriate notice to each of the petitioners herein and hear them before any

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WP(C).Nos. 3990 & 5403 of 2019

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further orders reverting them are issued. This exercise shall be completed by the Part Time Administrator as expeditiously as is possible, but make it clear that the challenge of the petitioners to the orders impugned in these cases, namely, the ones issued by the Joint Registrar of Co-operative Societies and the Secretary to Government, are repelled because I find no merit in it.

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These writ petitions are thus ordered.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).Nos. 3990 & 5403 of 2019

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	APPENDIX OF WP(C) 3990/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1	A TRUE COPY OF THE PROCEEDING NO.CB(3)/9755/2014 DATED 04.09.2014 OF THE 2ND RESPONDENT.
EXHIBIT P2	A TRUE COPY OF THE RESOLUTION NO.3 DATED 13.04.2016 TAKEN BY THE MANAGING COMMITTEE OF THE 4TH RESPONDENT BANK.
EXHIBIT P3	A TRUE COPY OF THE STAFF PATTERN AS ON 31-03-2016 ALONG WITH COVERING LETTER DATED 15.04.2016,SUBMITTED BY THE BANK BEFORE THE 2ND RESPONDENT.
EXHIBIT P4	A TRUE COPY OF THE PROCEEDING NO.ADM.ESTT/6882/2016-17 DATED 31.10.2016 OF THE 4TH RESPONDENT.
EXHIBIT P5	A TRUE COPY OF THE COMMUNICATION NO.C.B(3) 62775/2018 DATED 30.04.2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6	A TRUE COPY OF THE LIST OF CLERK/CASHIER WORKKNG IN THE 4TH RESPONDENT BANK.
EXHIBIT P7	A TRUE COPY OF THE ORDER NO.CO-B2/365/2018/CO-OP DATED 22.12.2018 ISSUED BY THE 2ND RESPONDENT.

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WP(C).Nos. 3990 & 5403 of 2019

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	APPENDIX OF WP(C) 5403/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1	TRUE COPY OF THE RESOLUTION NO. 20 DATED 26-09- 2016.
EXHIBIT P2	TRUE COPY OF THE PROCEEDINGS DATED 31-10-2016 EVIDENCING THE PROMOTION TO THE POST OF CLERK/CASHIER
EXHIBIT P3	TRUE COPY OF THE ORDER DATED 22-12-2018
EXHIBIT P4	TRUE COPY OF THE DOCUMENT DATED 14-1-2017 OBTAINED UNDER RTI ACT.
EXHIBIT P5	TRUE COPY OF THE REPRESENTATION DATED 31-12-2018 SUBMITTED BY THE PETITIONERS.

Rahila.a., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rahila.a., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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