High Court of KeralaDivision Bench2020-03-03Writ appeal disposed of; interim order modified...

Bincy S. and others v. Alappuzha District Co-operative Bank Ltd. & Ors. (WA 317/2020)

Case / Petition Number:WA No.317/2020

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C. T. Ravikumar
N. Nagareesh
Judgment Date: 2020-03-03
Court Decision / Holding: The writ appeal is disposed of. The Court clarified that the interim order directing reporting of vacancies (39) to the PSC would stand only to the extent maintainable, and the question whether the reported vacancies are actual vacancies and other issues arising from the amalgamation would be decided in the writ petition. The writ petition remains pending, and the matter is left open for argument based on pleadings.
Final Disposition: Writ appeal disposed of; interim order modified and the issues regarding vacancy status and amalgamation left to be addressed in the pending writ petition.

Parties to the Case

Appellants / Petitioners

Bincy S.
Vineetha N.V.
Rekha O.
Sabitha N.B.
Bindu K. T.
Ashamol P.
Santhosh Kumar B.
A. Som?
Remya A.K.
Ajithakumari K.A.
Bindu S.
Sumesh C. B.
Ashadevi R.
Manjusha K.
Mayadevi V.

Respondents

The Alappuzha District Co-operative Bank Limited No.4203 (Head Office)
The Joint Registrar of Co-operative Societies (General)
The Registrar of Co-operative Societies, Thiruvananthapuram
The Kerala Public Service Commission (Secretary)
The District Officer, KPSC, Alappuzha
ADDL Kerala Co-Operative Bank Limited represented by its Chief Executive Officer

Legal Representation & Advocates

Counsels for Petitioners

• Sri M.R. Anison

Counsels for Respondents

• Sri P.C. Sasidharan
• Sri Gilbert George Correya
• Sri Mohammed Hashim

Case Synopsis & Summary

This writ appeal challenges an interim order of the learned Single Judge in WP(C) 29057/2019(F), dated 19 February 2020, which declined interim relief sought by the petitioners. The appellants sought a direction to the Alappuzha District Co-operative Bank Ltd. No.4203 to report 110 Clerk/Cashier vacancies to the Kerala Public Service Commission (KPSC) pending final decision in the writ petition. On 20 February 2020, this Court directed the Respondents to report 39 vacancies to the KPSC with copies to the District Officer, while preserving the status of vacancies and restraining any advice/action pending further orders. The Court relied on Vimala Kumari v. State (1994) 2 KLT 47, a Full Bench precedent, to hold that appointments from a ranked KPSC list can be effected only if vacancies were reported before expiry of the list. The Respondents contended that the amalgamation of district banks into the Kerala State Co-operative Bank (KSCB) affects the bank’s status, and this issue, along with whether the vacancies are truly available, would be resolved in the writ petition. The Court left those issues open for consideration in the petition, and disposed of the appeal. A writ petition remains pending.

Legal Doctrines & Maxims

Vimala Kumari v. State, 1994 (2) KLT 47 — appointments from PSC ranked lists depend on vacancies being reported before expiry.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants petitioned for interim relief directing the first respondent to report 110 Clerk/Cashier vacancies to the Kerala Public Service Commission (KPSC) pending final decision in WP(C) 29057/2019. They relied on the urgency of filling posts, the statutory framework around PSC recruitment, and the need to maintain rightful appointments from the eligible list. The interim order sought to prevent the Bank from acting on vacancies without Court approval.

Contentions of Respondents

The respondents contended that the amalgamation of district banks to form the Kerala State Co-operative Bank (KSCB) casts doubt on the continued existence/structure of the Bank in question and that all such issues are to be resolved in the pending writ petition. They argued about the actual existence of vacancies and the legal consequences of reporting those vacancies under the evolving organizational structure, asking the Court to refrain from granting the interim relief sought.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Vimala Kumari v. State	1994 (2) KLT 47	Positive	Used as precedent to justify reporting vacancies before expiry of the PSC list, affecting appointment validity.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** ## **&** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941** **WA.No.317 OF 2020** **AGAINST THE INTERIM ORDER DATED 19.02.2020 IN I.A.NO.1/2020** **IN WP(C) 29057/2019(F) OF HIGH COURT OF KERALA** ## **APPELLANTS/PETITIONERS & WRIT PETITIONERS:** - **1 BINCY S.,AGED 36 YEARS, W/O.SUVARNAKUMAR A. S., RESIDING AT AJAYA NIVAS, VARANAD P.O.,CHERTHALA-688 539, ALAPPUZHA DISTRICT.** - **2 VINEETHA N.V.,AGED 32 YEARS, W/O.SHYMON P.S.,RESIDING AT PONNAMTHARA, VAYALAR P. O., PIN – 688 536.** - **3 REKHA O.,AGED 39 YEARS,W/O.KENNADY M.C., RESIDING AT MATTATHIL,CHARAMANGALAM, MUHAMMA P.O., ALAPPUZHA DISTRICT.** - **4 SABITHA N.B.,AGED 41 YEARS, W/O.SAIJU V.G.,RESIDING AT VAYALVARAM HOUSE, THIRUNALLOOR P.O.,PIN - 688 541.** - **5 BINDU K. T.,AGED 45 YEARS, D/O.THANKAPPAN K. K., RESIDING AT KOORAMUTTATHU,CHERUVARANAM,VARANAM P.O., ALAPPUZHA DISTRICT.** - **6 ASHAMOL P.,AGED 41 YEARS, W/O.LALAN M.V.,RESIDING AT MANEEZHATHUVELI,NORTH ARYAD P.O., ALAPPUZHA – 688 538.** - **7 SANTHOSH KUMAR B.,AGED 46 YEARS, S/O.G.BHASKARAN, RESIDING AT 'INDIRA BHAVANAM,KATTACHIRA, PALLICKAL P.O., ALAPPUZHA DISTRICT.** W.A.No. 317/2020 2 - **8 ASA M.,AGED 44 YEARS,RESIDING AT LAKSHMIVILLA,MUTHUKULAM NORTH, CHOOLATHERUVU P.O.,ALAPPUZHA - 690 506.** - **9 REMYA A.K.,AGED 34 YEARS, W/O.NOBI K.S.,RESIDING AT KOLLAMVELI, MUHAMMA P.O., ALAPPUZHA - 688 525.** - **10 AJITHAKUMARI K.A.,AGED 45 YEARS, W/O.GOPINATHAN NAIR,RESIDING AT PALAKKAVIL HOUSE,OLATHALA, PATTANAKKAD P.O.,CHERTHALA,ALAPPUZHA.** - **11 BINDU S.,AGED 44 YEARS,RESIDING AT LEKSHIPURAM,KELAMANGALAM P.O., THAKAZHY,ALAPPUZHA - 688 562.** - **12 SUMESH C. B.,AGED 51 YEARS, S/O.BALASOMAN,RESIDING AT CHIRACKALPARAMBIL,PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA - 688 531.** - **13 ASHADEVI R.,AGED 45 YEARS, W/O.S. CHANDRAN,RESIDING AT KOMALIL KYALVARAM,KANDALLOOR SOUTH P. O., KAYAMKULAM, PIN - 690 535.** - **14 MANJUSHA K.,AGED 40 YEARS, W/O. P.K.SABU,RESIDING AT PALATHARA HOUSE,ANJILAKKADU, AROOR P.O.,CHERTHALA, ALAPPUZHA - 688 534.** - **15 MAYADEVI V.,AGED 47,W/O.N.RAGHUNATH, RESIDING AT 'MADHAVAM',PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA - 688 531.** **BY ADV. SRI.M.R.ANISON** ## **RESPONDENTS/RESPONDENTS:** - **1 THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LIMITED NO.4203,REPRESENTED BY ITS PART-TIME ADMINISTRATOR, ALAPPUZHA DISTRICT CO-OPERATIVE BANK LIMITED NO.4203,** W.A.No. 317/2020 3 **HEAD OFFICE, ALAPPUZHA - 691 001.** - **2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),ALAPPUZHA - 688 001.** - **3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM - 695 001.** - **4 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY,PATTOM, THIRUVANANTHAPURAM - 695 004.** - **5 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE,ALAPPUZHA - 688 001.** - **ADDL6 KERALA CO-OPERATIVE BANK LIMITED REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, CO-OPERATIVE TOWERS, PALAYAM, THIRUVANANTHAPURAM - 695 033.** **R1, R4-5 BY ADV. SRI.P.C.SASIDHARAN(BY ORDER) ADDL.6- SRI.GILBERT GEORGE CORREYA SPL.GP. SRI.MOHAMMED HASHIM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.A.No. 317/2020 4 ## **JUDGMENT** ## **Ravikumar, J.** The captioned appeal has been preferred against the interim order dated 19.02.2020 in I.A. No. 1/2020 in WP(C) No. 29057/2019. As per the impugned interim order, the learned single Judge had declined to grant the interim relief sought for. As per I.A. No. 1/2020, the petitioner sought for a direction to the first respondent, viz. the Alappuzha District Cooperative Bank Ltd. No. 4203 to report 110 vacancies of Clerk/Cashier to the 5[th] respondent, viz. the District Officer of Kerala Public Service Commission, pending decision in the writ petition. 2. The learned single Judge has given reasons for declining the interim relief sought for. When the appeal came up for consideration on 20.02.2020, we passed an interim order, whereby we directed respondents 1 to 6 to report 39 vacancies in the post of Cashier/Clerk in Alappuzha District Co-operative Bank to respondent No.4 with copy of W.A.No. 317/2020 5 respondent No.5, appropriately on or before 5 p.m. on 22.02.2020. We passed the said order taking note of various aspects. The list in question where the appellant's figure was to expire on 22.02.2020. A Full Bench of this Court in **Vimala Kumari v. State** [1994 (2) KLT 47] held that in respect of a ranked list published by the Kerala Public Service Commission, appointments could be effected from the said list, only if vacancies were reported prior to its expiry. 3. We also took note of another aspect. Though one of the contentions raised by the respondents to resist the claims of the appellants/writ petitioners is that in view of the amalgamation of District Co-operative Banks to form the Kerala State Co-operative Bank the District Co-operative Bank in question ceased to exist. Obviously, while passing interim order dated 20.02.2020, we put a pointed question to the learned counsel for respondents 1 and 6 as also the learned Government Pleader appearing for respondents 2 and 3 as to whether any appeal was preferred against amalgamation of W.A.No. 317/2020 6 District Co-operative Bank with the Kerala State Co-operative Bank. We got an answer in the affirmation. In other words, against the common order by a learned single Judge in this matter appeals have been preferred and they are pending. We have taken into account all those aspects while passing the interim order. 4. As noticed herein-before, as per interim order dated 22.02.2020, we directed the respondents for reporting 39 vacancies in the post of Cashier/Clerk in Alappuzha District Co-operative Bank to respondent No.4 with copy to respondent No. 5. We also ordered that no advice shall be effected against the vacancies so reported, without obtaining further orders from this Court. 5. We are of the considered view that nothing further survives for consideration in this appeal as the very appeal was filed against the interim order dated 19.02.2020 whereby the learned single Judge declined to grant relief sought for in I.A.1/2020. To the extent it is permissible the view of the W.A.No. 317/2020 7 materials on record we passed the aforesaid interim order. Whether those vacancies directed to be reported provisionally are actual vacancies or not as also the other legal contentions based on the factum of amalgamation of the District Cooperative Bank are matters to be considered in the writ petition. Obviously, the writ petition is still pending. In the said circumstances, the appeal is disposed of making it clear that the question whether the vacancies directed to be reported are actual vacancies available for effecting appointments and all other issues raised and available for consideration based on the pleadings in the writ petition, are left open to be urged in the writ petition. The writ appeal stands disposed of, accordingly. Sd/- ## **C.T. RAVIKUMAR JUDGE** Sd/- **N. NAGARESH JUDGE** ncd W.A.No. 317/2020 8