Allowed

Jayakumari Amma S v. State of Kerala

Kerala HC24 Aug 2022WP(C)/8722/2022

Case brief

AI extract

What is this about?

The High Court allowed a writ petition for pension/employment benefits. Following a cited precedent, the court directed the Registrar of Co-operative Societies to evaluate vacancies in the erstwhile bank and modulate claims against Kerala Bank, addressing potential unauthorized appointments made during interim vacating of posts.

What did the court decide?

Directed Registrar to evaluate vacancies and modulate claims based on W.P.(C)No.23087/2019 reliefs, considering allegations of unauthorized appointments.

Jayakumari Amma S Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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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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WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944
WP(C) NO. 8722 OF 2022

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PETITIONER:

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JAYAKUMARI AMMA S
AGED 46 YEARS
W/O.K.B BABU, SRUTHYLAYAM, CHELLAMCODE,
NEDUMANGAD, THIRUVANANTHAPURAM - 695 541
BY ADVS.
KALEESWARAM RAJ
VARUN C.VIJAY
THULASI K. RAJ

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF CORPORATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001

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2 DISTRICT CO-OPERATIVE BANK REPRESENTED BY THE MANAGER, SREEKARIYAM, KAZHAKUTTAM ROAD, KULATHOOR, THIRUVANANTHAPURAM 695 582

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3 MANAGER DISTRICT COOPERATIVE BANK, SREEKARIYAM, KAZHAKUTTAM ROAD, KULATHOOR, THIRUVANANTHAPURAM 695 582.

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4 KERALA PUBLIC SERVICE COMMISSION THULASI HILLS, PATTOM PALACE, THIRUVANANTHAPURAM 695 004

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5 DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, KPSC DISTRICT OFFICE, PATTOM, THIRUVANNATHAPURAM 695 004

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*Addnl. KERALA STATE CO-OPERATIVE BANK LIMITED, REPRESENTED R6 BY ITS SECRETARY, THIRUVANANTHAPURAM. *(Additional R6 is suo motu impleaded as per order dated 24.8.2022 in W.P(C)No.8722/2022) BY ADVS.

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SRI.THOMAS ABRAHAM SC THIRUVANANTHAPURAM DIST.
CO.OP BANK,

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THOMAS ABRAHAM

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SHRI.P.C.SASIDHARAN, SC, KPSC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) NO. 8722 OF 2022 2

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JUDGMENT

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The learned counsel for the parties are ad idem that the issues involved in this case have already been answered by this Court in the judgment in W.P.(C)No.23087/2019.

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In the afore circumstances, I am certain that the petitioner herein is also entitled to the same reliefs as have been ordered in the said judgment.

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In the afore circumstances, this writ petition is ordered with the following directions:

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a) The Registrar of the Co-operative Societies – either himself or through a constituted Authority or team of experts – will evaluate the financial status of the erstwhile District Co-operative Bank, Thiruvananthapuram at the time when the judgment in W.P. (C)Nos.201/2018 and 11228/2019 were issued and then decide notionally what posts would be available to them at that time, strictly in terms of the directions in the said judgment. For this purpose, I order the petitioner to make available a copy of the said judgment before the Registrar within a period of two weeks from the date of receipt of a copy of this judgment.

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b) On the Registrar thus evaluating the staff position of the erstwhile District Co-operative Bank, Thiruvananthapuram, necessary

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WP(C) NO. 8722 OF 2022 3

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orders consequent to their merger with the Kerala Bank, will also be issued; in which event, the claims of the petitioner and similarly situated persons, as also of all other persons in the Rank Lists, will be evaluated and effectively modulated.

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c) While doing so, the Registrar will consider the contentions of the petitioner in this case that, during the pendency of the Rank Lists and when interim orders of this Court were holding the field with respect to the notification of vacancies to the PSC; unqualified and unauthorized persons have been appointed by the erstwhile District Co-operative Bank, Thiruvananthapuram, and that too in violation of the statutory ratio for such purpose between promotions and direct recruitments. For this purpose, I allow the petitioner to file her written objections in this regard before the Registrar within a period of one month from the date of receipt of a copy of this judgment, so that said Authority can then consider each of such contentions, based on the factual circumstances relating to erstwhile District Co-operative Bank, Thiruvananthapuram; thus leading to a decision as to how many vacancies should be earmarked for direct recruitment, after cancellation of the earlier appointments made or after setting aside the same, in terms of law. In this process of course, every person effected will also be given an opportunity of being heard. In other words, while the afore exercise is undertaken and completed, the

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WP(C) NO. 8722 OF 2022 4

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Registrar will verify whether the promotions pointed out by the petitioner in this case, as also appointments made during the time when the Rank Lists was in force, were in order and if not, issue appropriate orders with respect to it within the statutory Scheme and the provisions of the by-laws of the individual Societies, as the case may be. A consideration of these aspects shall be reflected in the resultant order .

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(d) Needless to say, the afore exercises shall be completed only after hearing the competent official of the Kerala Bank also because, even if vacancies are available, it would be within their prerogative to choose not to fill it up; however, taking care that no unauthorized promotion or unauthorized appointment had been effected in the erstwhile District Co-operative Bank, Thiruvananthapuram, prior to such amalgamation.

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(e) Finally, it does not require this Court to say specifically but, as regards the vacancies that have already been reported on the orders of this Court, the sole factum of the expiry of the Rank List will not stand in the way of the petitioner being granted benefits; provided, she is found eligible based on the ranking in the said List, as also other criteria and qualifications as are imperative.

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(f) As a corollary to the afore directions, I further clarify that if

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WP(C) NO. 8722 OF 2022 5

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the enquiry with respect to the impugned promotions or appointments during the pendency of the Rank Lists would require more time, then the Registrar would be free to evaluate the vacancies as directed in (a) above and to allow the PSC to make advices against the same at the first instance.

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(g) As far as the impugned promotions and appointments made during the period of the Rank Lists is concerned, if any of them are found to be illegal, then corresponding orders will be issued to the PSC to issue advice from the Rank List which has now expired; however, within the limits of the vacancies that have been ordered and reported consequent to the directions of this Court.

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(h) The afore exercises shall be completed as expeditiously as is possible but not later than a period of six months from the date of receipt of a copy of this judgment; however, leaving liberty to the Registrar to act earlier in terms of the aforesaid directions in the case of vacancies in which the question of promotion or unauthorized appointments do not come into play.

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This writ petition is thus ordered.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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MC/24.8

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WP(C) NO. 8722 OF 2022 6

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APPENDIX OF WP(C) 8722/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF RANKED LIST NO 338/17/DOT
FOR CATEGORY NO. 021/2014 CLERK/CASHIER
(PART II-SOCIETY QUOTA)
THIRUVANANTHAPURAM DISTRICT DATED 22-03-
2017)
Exhibit P2TRUE COPY OF THE INTERIM ORDER DATED 07-
11-2019 IN WPC NO. 26338/2017 BY THIS
HON'BLE COURT WITH TYPED COPY OF THE
ORDER.
Exhibit P3TRUE COPY OF THE RTI REPLY DATED 30-05-
2020 ISSUED BY THE STATE PUBLIC
INFORMATION OFFICER ATTACHED TO THE
OFFICE OF THE JOINT REGISTRAR (GENERAL)
THIRUVANANTHAPURAM.

Jayakumari Amma S v. State of Kerala

Case brief

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Jayakumari Amma S v. State of Kerala

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