Disposed

C.R.Ajaykumar, v. the Co-Operative Service Examination Board

Kerala HC15 Mar 2024WP(C)/161/2022

Case brief

AI extract

What is this about?

Writ petition challenging a recruitment notification for the post of Assistant Secretary in a service cooperative bank. The petitioner was under suspension and facing disciplinary proceedings, so he could not presently aspire to the post. The writ petition was closed with liberty to approach the court again if his grievance survives.

What the court decided

AI extract

C.R.Ajaykumar, Vs the Co-Operative Service Examination… — Cooperative Societies | Kerala HC (2024)

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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 BASANT BALAJI

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FRIDAY, THE 15^TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945

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WP(C) NO. 161 OF 2022

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PETITIONER/S:

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C.R.AJAYKUMAR, AGED 54 YEARS S/O.CHANDRASEKHARAN NAIR, BRANCH MANAGER-IN-CHARGE, KIZHUVILAM SERVICE COOPERATIVE BANK LTD NO.2405, MUDAPURAM.P.O, CHIRAYINKEEZU, PIN - 695 314 THIRUVANANTHAPURAM DISTRICT RESIDING AT " BHAGYA" GURUVIHAR KADYKAVOOR.P.O, PIN - 695 306 THIRUVANANTHAPURAM DISTRICT. BY ADVS. M.SASINDRAN P.SHAHEED

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RESPONDENT/S:

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1 THE CO-OPERATIVE SERVICE EXAMINATION BOARD, REPRESENTED BY ITS SECRETARY, PIN - 695 001.

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2 THE KIZHUVILAM SERVICE CO-OPERATIVE BANK LTD NO.2405, MUDAPURAM.P.O, CHIRAYINKEEZU, THIRUVANANTHAPURAM 695 314, REPRESENTED BY ITS SECRETARY.

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3 THE BOARD OF DIRECTIORS OF THE KIZHIVILAM SERVICE CO-OPERATIVE BANK LTD NO.2405, MUDAPURAM.P.O, CHIRAYINKEEZU, THIRUVANANTHAPURAM DISTRICT, PIN - 695 314, REPRESENTED BY ITS PRESIDENT.

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4 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM, PIN - 695 001.

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BY ADVS. SMT.S.L.SYLAJA, SC, CO-OPERATIVE SERVICE EXAMINATION BOARD T.S.HARIKUMAR T.R.HARIKUMAR ARJUN RAGHAVAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 161/2022

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JUDGMENT

(Dated this the 15^th day of March 2024)

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The petitioner approached this Court, challenging Ext.P3 notification, and there was an interim order directing the 2^nd respondent-Society not to give any appointments pursuant to Ext.P3 notification. Subsequently, the same was vacated, and it was challenged in W.A No.494/2022, which was also closed.

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The counsel for the petitioner as well as the

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respondents submit that the petitioner is now under suspension and is facing disciplinary proceedings. Therefore, at this point of time, he cannot aspire for the post of Assistant Secretary.

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Therefore, the Writ Petition is closed, with liberty to the petitioner to approach this Court, if his grievance subsists even after the disciplinary proceedings are over.

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Sd/BASANT BALAJI JUDGE

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WPC 161/2022

APPENDIX OF WP(C) 161/2022

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF THE ORDER DATED 15/03/2018 SANCTIONING THE HIGHER GRADE SCALE.
Exhibit P2	A TRUE COPY OF THE RELEVANT PORTION OF THE NOTICE OF TH GENERAL BODY.
Exhibit P3	A TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 03/08/2021 OF THE 1ST RESPONDENT.
Exhibit P4	A TRUE COPY OF THE JUDGMENT IN WP(C) NO.2274 DATED 04/04/2019 OF THE HON'BLE COURT.
Exhibit P5	A TRUE COPY OF THE JUDGMENT DATED 07/06/2019 DISMISSING THE WRIT APPEAL FILED BY THE 2ND RESPONDENT.

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RESPONDENT EXHIBITS

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Exhibit R2(a)	A TRUE COPY OF THE APPROVED RESOLUTION DATED 31-10- 2012 WITH RESPECT TO FEEDER CATEGORY OF THE 2ND RESPONDENT.
Exhibit R2(b)	A TRUE COPY OF THE LIST OF EMPLOYEES WORKING IN THE 2ND RESPONDENT SOCIETY
Exhibit R2(c)	A TRUE COPY OF THE JUDGMENT DATED 29.06.202015 IN WPC 7034/2014
Exhibit R2(d)	A TRUE COPY OF THE COMMUNICATION BEARING NO.CO- C1/186/201/-CO-OP DATED 27.04.2018 ISSUED BY THE GOVERNMENT TO THE PETITIONER
Exhibit R2(e)	A TRUE COPY OF THE JUDGMENT DATED 19.11.2021 IN WPC 16645/2021
Exhibit R2(f)	A TRUE COPY OF THE JUDGMENT DATED 22-01-2020 IN WP(C) NO.20736 OF 2019.
EXHIBIT R2(G)	A TRUE COPY OF THE SUSPENSION ORDER DATED 31-03-2023, ISSUED BY THE PRESIDENT

C.R.Ajaykumar, v. the Co-Operative Service Examination Board

Case brief

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What the court decided

C.R.Ajaykumar, v. the Co-Operative Service Examination Board

Case brief

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