K.N. Sindhu v Registrar of Co-operative Societies, Thiruvananthapuram; Kottayam District Co-operative Bank Ltd.; Kerala State Public Service Commission; Addl. respondents in WP(C) Nos. 891/2009, 19437/2012 & 22513/2014

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE AMIT RAWAL`** ## **`FRIDAY, THE 17[TH] DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, 1943`** ## **`WP(C) NO. 891 OF 2009`** ## **`PETITIONER:`** ``` K.N. SINDHU, WIFE OF JAGADESCHANDRAN K.R, TYPIST KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM RESIDING AT KALAYIL HOUSE,, THALAYOLAPARAMBU 686 605, KOTTAYAM DIST. ``` ``` BY ADVS. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.ABU MATHEW SMT.LAKSHMI B.SHENOY SRI.SOBHAN GEORGE SRI.THOMAS P.MAKIL ``` ## **`RESPONDENTS:`** - `1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES SOCITIES, THIRUVANANTHAPURAM.` - `2 KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL, MANAGER, DISTRICT COOPERATIVE, BANK BUILDING, POST BOX NO. 140, KOTTAYAM 686 001.` - `3 KERALA STATE PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY PATTOM, THIRUVANANTHAPURAM.` - `*ADDL.4 RAJU JOSE, CLERK CASHIER, KOTTAYM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KOTTAYAM.` - `*ADDL.5 B.RAJEEV, CLERK CASHIER, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KOTTAYAM.` ``` (*ADDL.R4 AND R5 ARE IMPLEADED AS PER ORDER DATED 11.02.2009 IN IA NO.1761/2009) ``` ``` WP(C) NOS. 891 OF 2009, 19437 OF 2012 & 22513 OF 2014 -2- ``` ``` BY ADVS. SRI. ARUN AJAY SHANKAR, GOVERNMENT PLEADER SRI.KRB.KAIMAL SR. SRI.T.A.SHAJI SRI.P.C.SASIDHARAN, SC, KPSC SRI.ATHUL SHAJI, SC, KOTTAYAM DISTRICT CO.OPERATIVE BANK LTD. SRI.B.UNNIKRISHNA KAIMAL ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2021, ALONG WITH WP(C).19437/2012, 22513/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NOS. 891 OF 2009, 19437 OF 2012 & 22513 OF 2014 -3- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE AMIT RAWAL ``` ``` FRIDAY, THE 17[TH] DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, ``` ## **`1943`** ## **`WP(C) NO. 19437 OF 2012`** ## **`PETITIONER:`** ``` JASMI.V.S., AGED 33 YEARS, W/O OF ABMED NAZURUDEEN, JUNIOR ACCOUNTANT, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD, ADOOR BRANCH, ADOOR 691521, RESIDING AT PLAMOOTTIL, KAMBALADY, PORUVAZHI P.O, 690520, KOLLAM DISTRICT ``` ``` BY ADVS. SRI.B.ASHOK SHENOY SMT.C.G.PREETHA ``` ## **`RESPONDENTS:`** - `1 THE ADMINISTRATOR, (JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PATHANAMTHITTA_, PATHANAMTHITTA DISTRICT COOPERATIVE BANK LIMITED, PATHANAMTHITTA 689645` - `2 PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LIMITED, REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, PATHANAMTHITTA 689645` - `3 MURALEEDHARAN PILLAI P., SENIOR ACCOUNTANT/ INSPECTOR OF BRANCHES, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LIMITED, ADOOR - 691521` ``` WP(C) NOS. 891 OF 2009, 19437 OF 2012 & 22513 OF 2014 ``` ``` -4- ``` ``` BY ADVS. SRI.T.P.PRADEEP,SC, DIST.CO.OP.BANK,PTA SRI.JACOB P.ALEX,SC, PATHANAMTHITTA DIST.CO.OP.BANK LTD. ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2021, ALONG WITH WP(C).891/2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NOS. 891 OF 2009, 19437 OF 2012 & 22513 OF 2014 -5- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 17[TH] DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, ``` ``` 1943 ``` ## **`WP(C) NO. 22513 OF 2014`** ## **`PETITIONER:`** ``` JAYALEKHA L., AGED 45 YEARS, W/O. RADHAKRISHNAN NAIR, RESIDING AT SAI NIWAS, MUNDUKOTTAKKL P.O., PATHANAMTHITTA - 689 649. ``` ``` BY ADVS. SRI.T.R.RAVI SMT.CISSY MATHEWS SRI.JAWAHAR JOSE SRI.JAISON M.EASOW SRI.V.VINAY MENON ``` ## **`RESPONDENTS:`** ``` THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK, PATHANAMTHITTA - 689 645. BY ADVS. SRI.T.P.PRADEEP, SC, DIST.CO.OP.BANK,PTA ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2021, ALONG WITH WP(C).891/2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NOS. 891 OF 2009, 19437 OF 2012 & 22513 OF 2014 -6- ``` ## **`JUDGMENT`** ``` [WP(C) Nos.891/2009, 19437/2012, 22513/2014] ``` Petitioners who had been working in the post of Steno Typists and aspirants to be promoted to the post of Accountant were impelled to approach this Court owing to the decision of the Registrar of Co-operative Societies dated 6.07.2005, communicated to the District Cooperative Banks, to amend their Bye-laws and the Rules and till such time no promotion would be effected. Since the order of Registrar had been challenged in the High Court and by virtue of interim order, cases of promotion were being considered, the Board of Directors of the erstwhile District Co-operative Society issued directions that only if there is an interim order, promotion would be given effect to. Since the other affected parties never approached the Court, they were intimated that their cases for promotion will be considered or effected only by virtue of interim order from this Court. It is in that ``` WP(C) NOS. 891 OF 2009, 19437 OF 2012 & 22513 OF 2014 -7- ``` background, the writ petitions have been filed. 2. Learned counsel representing the petitioners submits that the Registrar may have the supervisory control but cannot pass the order in the manner and mode as has been done, which is against the mandate of the judgment of Full Bench of this Court in **Sathyadevan v. Public Service Commission (2008(1) KLT 289 (FB),** wherein power to make a rule only vests as per Section 80 of the Kerala Co-operative Societies Act with the Government and not with the Registrar or the General Manager of the Society. 3. The aforementioned judgment has not been denied by the Government Pleader. 4. It is strange that with passing of an order without jurisdiction a number of persons were affected leading to the filing of the present writ petition and passing of the interim order. In few of the cases, this Court, keeping in view the fact that interim order had been passed in similar matters, also ordered promotion of the petitioners ``` WP(C) NOS. 891 OF 2009, 19437 OF 2012 & 22513 OF 2014 -8- ``` provisionally. Be that as it may. I would refrain from passing any further directions with regard to the promotion of the petitioners as it is the prerogative of the erstwhile District Co-operative Societies to promote the eligible persons strictly as per the bye-laws, but fact of the matter is Registrar could not pass an order directing all the erstwhile District Co-operative Societies to amend the bye-laws and not to effect the promotions. The said order of the Registrar dated 6.7.2005 is quashed. Interim orders already issued are made absolute subject to the condition that the promotion would be verified by the erstwhile District Co-operative Societies to be in tandem and in accordance with the seniority and the rules applicable for promotion. Writ petitions are disposed off. ``` Sd/- ``` ``` AMIT RAWAL JUDGE ``` ``` vv ``` ``` WP(C) NOS. 891 OF 2009, 19437 OF 2012 & 22513 OF 2014 ``` ``` -9- ``` ## **`APPENDIX OF WP(C) 891/2009`** ## **`PETITIONER EXHIBITS`** - `EXHIBIT P1 TRUE COPY OF G.O.(M.S) No.79/86/CO-OP. DATED 30.09.1986 ISSUED BY GOVERNMENT WITH KERALA WITH SERVICE REGULATIONS OF DISTRICT/CENTRAL COOPERATIVE BANKS OF KERALA APPENDED THEREUNDER` - `EXHIBIT P2 TRUE COPY OF G.O.(MS) NO.166/05/COOP. DATED 18.07.2005 ISSUED BY GOVERNMENT OF KERALA` - `EXHIBIT P3 TRUE COPY OF LETTER NO.PL&C(3)47867/76 DATED 4.3.1977 ISSUED BY 1ST RESPONDENT WITH FEEDER CATEGORY SUBSIDIARY RULES OF 2ND RESPONDENT APPENDED THEREUNDER` - `EXHIBIT P4 TRUE COPY OF CIRCULAR LETTER NO.CB(3) 8475/2004(1) DATED 6.7.2005 ISSUED 1ST RESPONDENT TO ALL DISTRICT COOPERATIVE BANKS` - `EXHIBIT P5 TRUE COPY OF RECRUITMENT RULES FOR THE DISTRICT COOPERATIVE BANKS 1998` - `EXHIBIT P6 TRUE COPY OF LETTER NO.2987/98-99 DATED 16.12.1998 ISSUED BY 2ND RESPONDENT TO 3RD RESPONDENT WITH COPY OF 2ND RESPONDENT'S RESOLUTION ATTACHED THEREUNDER` - `EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 19.8.2008 SUBMITTED BY PETITIONER TO 2ND RESPONDENT` - `EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 19.8.2008 SUBMITTED BY PETITIONER TO 1ST RESPONDENT` ``` WP(C) NOS. 891 OF 2009, 19437 OF 2012 & 22513 OF 2014 ``` ``` -10- ``` ## **`RESPONDENT'S EXHIBITS`** ``` EXHIBIT R5TRUE COPY OF THE LETTER NO.EST/424/2009-10 DATED OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT ``` ``` EXHIBIT R5(a)TRUE COPY OF THE RESOLUTION DATED 28- 8-2009 OF THE 2ND RESPONDENT ``` ``` WP(C) NOS. 891 OF 2009, 19437 OF 2012 & 22513 OF 2014 ``` ``` -11- ``` ## **`APPENDIX OF WP(C) 19437/2012`** ## **`PETITIONER EXHIBITS`** - `EXHIBIT P1 TRUE COPY OF OFFICE MEMORANDUM NO.GM/016/3062 DATED 01.07.2008 ISSUED BY THE 2ND RESPONDENT.` - `EXHIBIT P2 TREU COPY OF OFFICE MEMORANDUM NO.GM/016/92-93/1961 DATED 14.06.2012 ISSUED BY THE 2ND RESPONDENT` - `EXHIBIT P3 TRUE COPY OF FEEDER CATEGORY SUB RULES OF THE 2ND RESPONDENT, APPROVED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, WITH AMENDMENT ATTACHED THERETO.` - `EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 18.06.2012 SUBMITTED BY PETITIONER TO THE 2ND RESPODNENT` - `EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 27.06.2012 SUBMITTED BY PETITIONER TO THE 1ST RESPONDENT` - `EXHIBIT P6 TRUE COPY OF COMMON ORDER DATED 01.06.2012 IN WPC NO.30695/2008 AND WPC NO.891/2009 OF THE HON'BLE HIGH COURT OF KERALA` ``` WP(C) NOS. 891 OF 2009, 19437 OF 2012 & 22513 OF 2014 ``` ``` -12- ``` ## **`APPENDIX OF WP(C) 22513/2014`** ## **`PETITIONER EXHIBITS`** - `EXHIBIT P1 THE TURE COPY OF APPOINTMENT ORDER OF THE PETITIONER DT. 09.09.05.` - `EXHIBIT P2 THE TRUE COPY OF FEEDR CATEGORY RULES EXISTING IN THE RESPONDENT BANK.` - `EXHIBIT P3 THE TRUE COPY OF PROVISIONAL SENIORITY LIST DT. 01.6.14.` - `EXHIBIT P4 THE TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER DT. 31.01.13.` - `EXHIBIT P5 THE TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER DT. 12.5.14.` - `EXHIBIT P6 THE TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER DT. 18.7.14.` - `EXHIBIT P7 THE TRUE COPY OFTHE DECISION OF BOAD OF DIRECTOS OF THE RESPONDENT SOCIETY DT. 25.7.14.` - `EXHIBIT P8 THE TRUE COPY OF ORDER DT. 01.6.12 IN WP NO'S.30695/2008 AND 891/2009.` - `EXHIBIT P9 THE TRUE COPY OF ORDER DT. 24.3.14 IN WP NO. 19437/12.`