This court set aside the respondents' proceedings allowing an employee to revert to her former cooperative society, holding that the matter requires reconsideration in light of Pradeep Kumar.A regarding lien under Kerala Co-operative Societies Rules.
Set aside Exts.P2 and P4 proceedings; directed the Competent Authority to reconsider the matter within four months.
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
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA,
1944
WP(C) NO. 8756 OF 2021
PETITIONER:
DEEPAK K. GREESHMAM, P.O.VENGARA, KANNUR.
BY ADVS. P.N.MOHANAN SRI.C.P.SABARI SMT.AMRUTHA SURESH
RESPONDENTS:
4 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION, VIDYA NAGAR POST OFFICE, KASARAGOD DISTRICT, PIN CODE-671 123
BY ADV M.SASINDRAN
SRI.JOSHY THANNICKKAMATTAM -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.8756 OF 2021
2
DEVAN RAMACHANDRAN, J.
W.P(C) No. 8756 of 2021
-------------------------------------------------- Dated this the 02nd day of December, 2022
JUDGMENT
The petitioner impugns Exts.P2 and P4 proceedings of the 4th and 5th respondents respectively, whereby, the 1st respondent has been virtually allowed to revert to the services of the 2nd respondent Society, though she had earlier joined the service of the 'Central Society'.
WP(C) NO.8756 OF 2021
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now has taken a stand that 1st respondent obtained a lien, to return to their services, even though she had earlier joined the services in the 'Central Society'. He thus prayed that the impugned Exts.P2 and P4 proceedings be set aside.
WP(C) NO.8756 OF 2021
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Government Pleader also adopted the afore submissions of the Society and argued that Exts.P2 and P4 proceedings are irreproachable.
In the afore circumstances, I allow this Writ Petition and set aside Exts.P2 and P4; with a consequential direction to the Competent Authority of the Government to reconsider the matter, adverting to Pradeep Kumar.A (supra), as also to all other contentions of the parties; and issue an appropriate orders thereon, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
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Needless to say, the position of the 1st respondent in the Society shall abide by the decision to be taken in terms of the
afore directions and her continuance will be governed by it
thereafter.
Sd/-DEVAN RAMACHANDRAN, JUDGE
lsn
WP(C) NO.8756 OF 2021
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APPENDIX OF WP(C) 8756/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE LETTER DATED 01.02.2O20 OF THE REGISTRAR OF COOPERATIVE SOCIETIES.
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 06.09.2019 OF THE JOINT REGISTRAR.
EXHIBIT P3 A TRUE COPY OF THE REVISION PETITION DATED 10.03.2020 FILED BY MR. VENUGOPALAN BEFORETHE GOVERNMENT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 16.02.2021 OF THE GOVERNMENT. EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 24.03.2018 OF THE ASSISTANT REGISTRAR, HOSDURG.
RESPONDENTS EXHIBITS
EXT.R3(a): A TRUE COPY OF THE RESOLUTION NO.4 DATED 09.05.2017 ADOPTED BY THE 3RD RESPONDENT.
EXT.R3(b): A TRUE COPY OF THE RELIEVING ORDER DATED 11.05.2017 ISSUED BY THE 2ND RESPONDENT SOCIETY.
EXT.R3(c): A TRUE COPY OF REPRESENTATION MADE BY THE FIRST RESPONDENT BEFORE THE 3RD RESPONDENT DATED 12.09.2017.
EXT.R3(e): A TRUE COPY OF THE PROCEEDINGS OF THE GENERAL MANAGER, KASARAGOD DISTRICT CO-OPERATIVE BANK DATED 06.11.2017.
EXT.R3(f): A TRUE COPY OF THE PROCEEDINGS ISSUED BY THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETY, HOSDURG DATED 24.03.2018.
EXT.R3(g): A TRUE COPY OF THE RESOLUTION NO.23 DATED 06.03.2019.
TRUE COPY
P.A TO JUDGE
LSN
1 issue framed by the court
Whether the透着 respondent has a valid lien to revert to the services of the Society after joining the Central Society.
Colour shows how this judgement treated each authority
Pradeep Kumar.A v. The Wayanad District Co-operative Bank LtdRelied on¶26
Pradeep Kumar.A v. The Wayanad District Co-operative Bank Ltd (WP(C) No. 299/2018)
DEEPAK K. GREESHMAM
SMT. B. KAIRALY
UDUMA VANITHA SERVICE CO-OPERATIVE SOCIETY, LTD.
THE MANAGING COMMITTEE OF UDUMA VANITHA SERVICE CO-OPERATIVE SOCIETY LTD.
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
THE GOVERNMENT OF KERALA
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
