Disposed

Aparna Prathap v. Registrar of Co-Operative Societies

Kerala HC7 Jun 2024WP(C)/2416/2022

Case brief

AI extract

What is this about?

This order dismisses a writ petition seeking quashing of a reversion order. The Court held that since earlier judgments on seniority are final, the bank and registrar must first formulate a seniority list before addressing the petitioner's challenge. Contentions are left open.

What did the court decide?

Petitioner left to wait for seniority list. Direction to respondents to formulate seniority list.

Aparna Prathap Vs Registrar of Co-Operative Societies — Company and Corporate | Kerala HC (2024)

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WP(C) No. 2416 of 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR.JUSTICE BASANT BALAJI

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FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946

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WP(C) NO. 2416 OF 2022

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PETITIONER/S:

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APARNA PRATHAP, AGED 50 YEARS, CHIEF INSPECTING OFFICER,
INSPECTION WING, NORTH ZONE, KERALA STATE CO-OPERATIVE
AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., THANA,
KANNUR DISTRICT, PIN - 670 012, (ORDERED TO BE REVERTED
AS DEPUTY MANAGER AND PROVISIONALLY PROMOTED AS REGIONAL
MANAGER AND POSTED TO THRISSUR).

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BY ADVS. S.P.ARAVINDAKSHAN PILLAY, N.SANTHA, V.VARGHESE,
PETER JOSE CHRISTO, S.A.ANAND, K.N.REMYA, L.ANNAPOORNA
VISHNU V.K., ABHIRAMI K. UDAY, KURUVILLA SABU CHRISTY

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RESPONDENT/S:

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1 REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKARANA BHAVAN, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 014.

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2 KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. HEAD OFFICE, THIRUVANANTHAPURAM, PIN - 695 001 REPRESENTED BY ITS MANAGING DIRECTOR.

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3 MANAGING DIRECTOR KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., HEAD OFFICE, THIRUVANANTHAPURAM, PIN - 695 001.

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4 ABDUL SHUKUR NAHA, CHIEF INSPECTING OFFICER, INSPECTION WING, NORTH ZONE, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., THANA, KANNUR DISTRICT, PIN - 670 012.

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5 SINDHU R.NAIR GENERAL MANAGER, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., HEAD OFFICE, THIRUVANANTHAPURAM, PIN - 695 001.

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WP(C) No. 2416 of 2022

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6 SREEDEVI S, AGED 56 YEARS, D/O.RAGHAVAN NAIR, REGIONAL MANAGER, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., REGION OFFICE, KADAVANTHARA, ERNAKULAM 682 020, RESIDING AT FLAT NO.9A, ARYABHANGI, PINE TREE APARTMENTS, MARKET ROAD, KADAVANTHRA – 682 020. PH.79948 18720.

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IS IMPLEADED AS ADDL.R6 AS PER ORDER IN IA.1/2022 IN WPC
2416/2022 DATED 24.6.2022.

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BY ADV.NISHA GEORGE, FOR ADVOCATE GENERAL OFFICE KERALA
P.C.SASIDHARAN, ELVIN PETER P.J., K.R.GANESH GOURI
BALAGOPAL ABHIJITH.K.ANIRUDHAN SREELEKSHMI A.S., SRI M A
ASIF

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) No. 2416 of 2022

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JUDGMENT

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(Dated this the 7^th day of June, 2024)

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This writ petition is filed by the petitioner for

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the following reliefs:-

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i. Call for the records leading to Exts. P10, and quash the same to the extent the petitioner is reverted to the post of Deputy Manager and Ext P5 is modified and P6 is cancelled, by the issuance of a writ of certiorari or any other appropriate writ, order or direction by this Hon'ble Court.

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ii. declare that petitioner is entitled to continue in service as Administrative Officer on the basis of Ext P6, with all consequential service and monetary benefits as if Ext P10 were never issued at all.

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iii. grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case including the costs of this Writ Petition (Civil).

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The 4^th and 5^th respondents have approached this

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Court by filing WP(C) Nos.24131 of 2019 and 21914 of 2018

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and this Court, by Ext.No.P2 judgment, has held as follows:-

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“ The writ petitions are disposed with the following orders:

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(i) Impugned proceedings reverting the

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WP(C) No. 2416 of 2022

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petitioners are set aside.

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(ii) Smt. Aparna Prathap is restrained from discharging duties as that of Managing Director or General Manager.

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(iii) The Deputy General Manager or senior-most qualified officer in the cadre of Administrative Officer/Regional Manager alone shall be given the additional charge of Managing Director or General Manager if the office as above are vacant. Smt. Aparna Prathap can continue in the post of Administrative Officer subject to her qualifying in the next exam in terms of Rule 185(6) of the K.C.S Rules and subject to observation at para 16.”

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Ext.P2 was challenged before this Court in Writ Appeal No. 2525 of 2019 and connected cases. The Division Bench of this Court dismissed the writ appeals against which an SLP was filed. It was also dismissed as per Ext.P4 and as such, Ext.Nos.P2 and P3 have now become final.

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The counsel appearing for 2^nd and 3^rd respondents

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submits that in compliance with the decision of this Court in Ext.P2 and Ext.P3, a sub-committee has been constituted to draft a seniority list and call for the objections from all the

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WP(C) No. 2416 of 2022

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affected parties including the petitioners herein.

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Since Ext.P2 and Ext.P3 have become final, the

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proper procedure is to formulate a seniority list in accordance with the same which the respondents have already taken steps. Therefore, this Writ Petition is disposed of directing 2^nd and 3^rd respondents to proceed with the formulation of the seniority list and pass a final one. All the contentions raised by the petitioners

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in this writ petition are left open to be agitated if required.

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Sd/-

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BASANT BALAJI, JUDGE

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HKH/07.06.2024

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WP(C) No. 2416 of 2022

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APPENDIX OF WP(C) 2416/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE COMMON JUDGMENT DATED 02/07/2019 WITH THE CAUSE TITLE OF WP(C) NO.36878/2014 OF THIS HON'BLE COURT.

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Exhibit P2 TRUE COPY OF THE COMMON JUDGMENT DATED 06/12/2019 IN WP(C) NO.21914/2019 AND 24131/2019 OF THIS HON'BLE COURT.

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Exhibit P3 TRUE COPY OF THE COMMON JUDGMENT DATED 09/06/2021 WITH THE CAUSE TITLE OF W.A.NO.2525/2019 OF THIS HON'BLE COURT.

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Exhibit P4 TRUE COPY OF THE ORDER DATED 08/10/2021 OF THE HON'BLE SUPREME COURT IN SLP NO.13891-1395/2021.

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Exhibit P5 TRUE COPY OF THE ORDER NO.E1/FRV/2018 DATED 04/01/2020 OF THE 3RD RESPONDENT.

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Exhibit P6 TRUE COPY OF ORDER NO.E1/R/JD/2019 DATED 23/06/2020 OF THE 3RD RESPONDENT.

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Exhibit P11 TRUE COPY OF THE FULL TEXT OF I.A. NO. 1/2022 IN CC(C) NO.1983/2021, WHICH ALSO CONTAINS A COPY OF ARC NO.70/2021

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Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 02.03.2022 IN COC NO. 1983/2021 OF THIS HONOURABLE COURT.

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Exhibit P13 TRUE COPY OF THE AWARD DATED 02.03.2022 IN ARC 36/2020 ON THE FILE OF THE CO-OPERATIVE ARBITRATION COURT.

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Exhibit P14 TRUE COPY OF THE DECISION TAKEN ON 10.06.2020 ON AGENDA BO. B1, B2, AND ADDENDUM TO AGENDA B2

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Exhibit P15 TRUE COPY OF THE LETTER NO. CSEB/ G& A/ 1759/2019 DATED 24.07.2019 OF THE PUBLIC INFORMATION OFFICER IN THE OFFICE OF THE CO-OPERATIVE SERVIE EXAMINATION BOARD ALONG WITH THE RELEVANT EXTRACT OF ITS ENCLOSURE.

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RESPONDENT EXHIBITS

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Exhibit R2 a TRUE COPY OF THE PROCEEDINGS NO E1/FRV/2018 DATED 29.7.2019 ISSUED BY THE PETITIONER ON BEHALF OF THE 2ND RESPONDENT ORDERING REVERSIONS

Aparna Prathap v. Registrar of Co-Operative Societies

Case brief

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Aparna Prathap v. Registrar of Co-Operative Societies

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