Court directs Registrar of Co-operative Societies to examine discrepancy between vacant units and reported posts, assessing need for permanent appointments versus temporary usage and sanctioning further vacancies.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 26TH DAY OF JULY 2019 / 4TH SRAVANA, 1941 WP(C).No.8294 of 2019
PETITIONERS:
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RESPONDENTS:
BY ADV. SRI.M.SASINDRAN, SC. SMT.C.S.SHEEJA, SR.GP, SRI.P.C.SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners say that they are included in the Rank List prepared by the Kerala Public Service Commission (PSC) to the post of Unit Manager in the Kerala State Co-operative Consumers' Federation Limited (for short 'the Federation') but that the Federation is not reporting all the vacancies to the PSC, so as to enable them to make advice.
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Federation and that eight of them have already been reported to the PSC. He says that six advices had been made by the PSC and that five among them have already joined. He says that his client is awaiting further advice with respect to the one nonjoining vacancy and therefore, that this writ petition has now become virtually without any necessity. He, consequently, prays that this writ petition be dismissed.
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allowed to work in any post in the Federation. He also has a case that, as has been already mentioned above, since there are no qualified persons from among Sales Assistant Grade - I to be promoted as per Ext.P1 to the post of Unit Manager, all such posts should also be filled up by direct recruitment.
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certainly of the view that a competent Authority must scrutinize these issues, I order this writ petition, directing the Registrar of Co-operative Societies to consider all the contentions of the petitioners, including that once the Rank List has come into effect, posts cannot be manned by temporary appointments. He must assess all contentions of the petitioners and decide as to how many vacancies are presently available and if any temporary appointments are found to have been made in the various Units, he will also decide if such posts require to be sanctioned in terms of law so as to enable permanent appointments to be therein, as per the provisions of the KCS Act and Rules.
Since Sri.P.P.Jacob, the learned counsel for the petitioners submits that the Rank List will expire by November, I direct the Registrar of Co-operative Societies to complete the exercise
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afore directed, after affording an opportunity of being heard to the petitioners as well as to the society, as expeditiously as is possible but not later than two months from the date of receipt of a copy of this judgment and communicate the resultant order to them without any avoidable delay thereafter.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Stu
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 | TRUE PHOTOCOPY OF THE NOTIFICATION DATED 19.8.2009 ISSUED BY THE GOVERNMENT DATED 19.8.2009 |
|---|---|---|
| EXHIBIT | P2 | TRUE COPY OF THE GAZETTE NOTIFICATION DATED 31.12.14 ISSUED BY THE FOURTH RESPONDENT CATEGORY NO. 644/2014 |
| EXHIBIT | P3 | TRUE PHOTOCOPY OF THE GAZETTE NOTIFICATION DATED 31.12.14 VIDE CATEGORY NO. 645/2014 |
| EXHIBIT | P4 | TRUE PHOTOCOPY OF THE NOTIFICATION /RANK LIST ISSUED BY THE FOURTH RESPONDENT. |
| EXHIBIT | P5 | TRUE PHOTOCOPY OF THE PROCEEDINGS ISSUED BY THE PSC DATED NIL |
| EXHIBIT | P6 | TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT TO SIJU C.P., DATED 27.9.2014 |
| EXHIBIT | P7 | TRUE PHOTOCOPY OF THE INFORMATION FURNISHED BY THE SECOND RESPONDENT DATED 30.10.2018 ALONG WITH LETTER DATED 2.11.2018 TO THE THIRD RESPONDENT. |
| EXHIBIT | P8 | TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE FIRST PETITIONER TO THE THIRD RESPONDENT DATED 17-04- 2019 UNDER RIGHT TO INFORMATON ACT. |
| EXHIBIT | P9 | TRUE PHOTOCOPY OF THE REPLY ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER DATED 1-6-2019. |
| RESPOND | ENT'S E | XHIBITS: |
| EXHIBIT | R2(a) | A TRUE COPY OF THE ORDER DATED 8/2/2006 |
| EXHIBIT | R2(b) | A TRUE COPY OF THE SANCTIONING ORDER OF THE POSTS. |
| EXHIBIT | R2(c) | A TRUE COPY OF THE LETTER DATED 3/11/2015 REPORTING 8 VACANCIES. |
//TRUE COPY//
P.A TO JUDGE.
3 issues framed by the court
Whether appointments can be made to Unit Manager posts using temporary arrangements when a Rank List of permanent candidates is available.
Whether the Registrar of Co-operative Societies has the authority to examine available vacancies and recommend sanctions for new posts under the Kerala Cooperative Societies Act and Rules.
How the 1:1 ratio between promotion and direct recruitment should be applied when no qualified promotion candidates are available.
2 provisions across 2 enactments
Manju.M.
The State of Kerala
The State Cooperative Consumer Federation
The Registrar of Co-operative Societies Thiruvananthapuram
The Kerala Public Service Commission
Devan Ramachandr
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
