High Court of KeralaSingle Judge2021-07-29Disposed of with directions; writ petition allo...

N.P. Santhosh (now Baji T.B.) and others v. The State of Kerala and others

Case / Petition Number:WP(C) NO. 9076 OF 2012

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: THE HONOURABLE MR. JUSTICE AMIT RAWAL
Judgment Date: 2021-07-29
Court Decision / Holding: This writ petition shall stand disposed of in view of the aforementioned directions and observations. The respondents are directed to consider the petitioners’ representations under the principles laid down in State of Karnataka v. Umadevi, 2006 (4) SCC 1, and to decide such representations expeditiously within three months from the date of receipt. Interim orders regarding termination remain as directed, and the petitioners may pursue fresh representations under the Umadevi framework.
Final Disposition: Disposed of with directions; writ petition allowed in part with directions as to regularization consideration under Umadevi framework within three months; interim stay on terminations to continue until further orders; fresh representations encouraged under the Umadevi parameters.

Parties to the Case

Appellants / Petitioners

N.P. Santhosh (substituted as Baji.T.B.)
Rinto A.J.
Binny Sabu
Deepa P.K.
Jayesh J.
Sajeev Kumar P.K.
Babu N.K.
Sunil Kumar.C.
Jamsheer Ali.C.V.
Gafoor P.K.
Sugathan V.

Respondents

The State of Kerala represented by the Secretary to Government, Cooperation (C) Department, Secretariat, Thiruvananthapuram
The Joint Registrar of Co-operative Societies (General), Wayanad
The Wayanad District Co-operative Bank Ltd., head office, Kalpetta
The Administrative Committee of the Wayanad District Co-operative Bank Ltd., Kalpetta

Legal Representation & Advocates

Counsels for Petitioners

• N. Nandakumara Menon (Sr.)
• Smt. Hena Bahuleyan
• Sri. P.K. Manojkumar

Counsels for Respondents

• Sri. Millu Dandapani
• Sri. B. Harish Kumar (Government Pleader)

Case Synopsis & Summary

This writ petition (WP(C) No. 9076 of 2012) before the Kerala High Court concerns eleven Daily Deposit Collection Agents employed by the Wayanad District Co-Operative Bank Ltd who challenge the Bank’s actions and seek regularization of their services. The petitioners pray for mandamus to regularize their employment as daily deposit collection agents (Grihalakshmi collection agents), for protection against termination, and for restraint on fresh appointments until regularization is effected, along with costs. Interim orders in 2012 protected them from termination for a period, with subsequent orders allowing the Bank to recruit additional agents under Ext. P18 while keeping the termination stay in force. The respondents contend there is no intention to terminate the petitioners and that any regularization must follow established parameters. The court notes the evolving posture of the case, including the interim modulations, and ultimately directs that petitioners file fresh representations in line with the principles laid down in State of Karnataka v. Umadevi, 2006 (4) SCC 1, and that the Bank decide such representations expeditiously within three months. The petition is disposed of with this guidance, emphasizing that regularization must conform to Umadevi’s framework while ensuring due process.

Legal Doctrines & Maxims

Umadevi principle (State of Karnataka v. Umadevi, 2006 (4) SCC 1) on regularization under constitutional/financial constraints

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that they are entitled to regularization as daily deposit collection agents for the Bank and seek a mandamus to regularize their services, protection against termination, and a bar on fresh appointments until regularization is achieved. They rely on the continuity of their engagement and the absence of permanent posts, seeking relief under the principles governing regularization and the legitimate expectations of contractual agents.

Contentions of Respondents

The respondents contend there is no plan to terminate the petitioners’ services and emphasize that recruitment of additional agents may occur under Ext. P18 notifications. They submit that regularization should be guided by existing statutory/operational parameters and that the court should defer to the Supreme Court's guidance in Umadevi regarding regularization, ensuring any relief aligns with its safeguards and budgetary considerations.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
State of Karnataka v. Umadevi	2006 (4) SCC 1	Positive	The court explicitly relies on Umadevi’s framework to guide regularization considerations, directing the respondents to decide representations within three months as per the parameters laid down in Umadevi.

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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 AMIT RAWAL** ## **THURSDAY, THE 29[TH] DAY OF JULY 2021 / 7TH SRAVANA, 1943** ## **WP(C) NO. 9076 OF 2012** ## **PETITIONERS:** - 1 N.P.SANTHOSH DAILY DEPOSIT COLLECTION AGENT, WAYANAD DISTRICTCO-OPERATIVE BANK LTD, SULTHAN BATHERY BRANCH,WAYANAD. (NAME OF THE IST PETITIONER IS SUBSTITUTED AS BAJI.T.B. AS PER ORDER DATED 24/04/2012 IN IA 5957/2012 . - 2 RINTO A.J. DAILY DEPOSIT COLLECTION AGENT, WAYANAD DISTRICTCO-OPERATIVE BANK LTD, MEENANGADI EVENING BRANCH, WAYANAD. - 3 BINNY SABU DAILY DEPOSIT COLLECTION AGENT,WAYANAD DISTRICT CO-OPERATIVE BANK LTD,MEENANGADI DAY BRANCH,WAYANAD. - 4 DEEPA P.K. DAILY DEPOSIT COLLECTION AGENT,WAYANAD DISTRICTCO-OPERATIVE BANK LTD, MANANTHAVADY DAY BRANCH, WAYANAD. - 5 JAYESH J DAILY DEPOSIT COLLECTION AGENT, WAYANAD DISTRICTCO-OPERATIVE BANK LTD, VADUVANCHAL BRANCH,WAYANAD. - 6 SAJEEV KUMAR P.K DAILY DEPOSIT COLLECTION AGENT, WAYANAD DISTRICTCO-OPERATIVE BANK LTD, KAMALAKKAD EVENING BRANCH,WAYANAD. - 7 BABU N.K. DAILY DEPOSIT COLLECTION AGENT, WAYANAD DISTRICTCO-OPERATIVE BANK LTD, CHUNDALE BRANCH, WAYANAD. - 8 SUNIL KUMAR.C. DAILY DEPOSIT COLLECTION AGENT, WAYANAD DISTRICT CO-OPERATIVE BANK LTD, KAMBALAKKAD DAY BRANCH, WAYANAD. - 9 JAMSHEER ALI.C.V. DAILY DEPOSIT COLLECTION AGENT, WAYANAD DISTRICTCO-OPERATIVE BANK LTD,VELAMUNDA BRANCH, WAYANAD. - 10 GAFOOR P.K. DAILY DEPOSIT COLLECTION AGENT,WAYANAD DISTRICTCO-OPERATIVE BANK LTD,PADINJARATHARA BRANCH, WAYANAD. - 11 SUGATHAN V. **WP(C) NO. 9076 OF 2012** **2** DAILY DEPOSIT COLLECTION AGENT,WAYANAD DISTRICTCO-OPERATIVE BANK LTD, MEPPADI BRANCH, WAYANAD. 12 SANAL V.K. DAILY DEPOSIT COLLECTION AGENT, WAYANAD DISTRICTCO-OPERATIVE BANK LTD, PULPALLY BRANCH, WAYANAD. BY ADVS. SRI.N.NANDAKUMARA MENON (SR.) SMT.HENA BAHULEYAN SRI.P.K.MANOJKUMAR ## **RESPONDENTS:** 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION (C) DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM - 695001. 2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIEITES (GENERAL),WAYANAD 673 122 3 THE WAYANAD DISTRICT CO-OPERATIVE BANK LTD. HEAD OFFICE AT KALPETTA, NORTH P.B.NO.7 REPRESENTED BY ITS GENERAL MANAGER, WAYANAD,PIN - 673122. 4 THE ADMINISTRATIVE COMMITTEE OF THE WAYANAD DISTRICT CO-OPERATIVE BANK LTD, REPRESENTED BY ITS CONVENOR, KALPETTA NORTH, WAYANAD, PIN - 673122. BY ADV SRI.MILLU DANDAPANI GP SRI B HARISH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 9076 OF 2012** **3** ## **JUDGMENT** ## Petitioner preferred this writ petition claiming the following ## reliefs: i. To issue a writ of mandamus or other appropriate writ order or direction directing the respondents 2 to 4 to regularize the services of the Petitioners a Daily Deposit Collection Agents (Grihalakshmi Collection Agents) in the 3[rd] respondent Bank; ii. To issue a writ of mandamus or other appropriate writ order or direction directing respondents 3 and 4 not to terminate the services of the Petitioners who are working as Daily Deposit Collection Agents, in the 3[rd] respondent Bank; iii. To issue a writ of mandamus or other appropriate writ order or direction restraining the respondents 3 and 4 from making any fresh appointments in the post of Daily Deposit Collection Agents on the basis of Exhibit -P18 Advertisement without regularising the services of the petitioners in the 3[rd] respondent Bank; iv. To grant to the petitioners such other and further reliefs that may be prayed for from time to time and this Honourable Court may deem fit and proper to granting And v. To award to the petitioners the costs in these proceedings. 2. This Court vide order dated 13.04.2012 granted interim order as prayed for regarding the termination for a period **WP(C) NO. 9076 OF 2012** **4** of two months which continued. However, counter affidavit has been filed by the respondents with an application for vacation of stay on the fact that the interim order does not permit the respondents in recruiting the additional collection agents. This Court vide order dated 25.06.2012 modified the interim order with no objection from the learned counsel for the petitioner and granted liberty to the 3[rd] respondent to recruit additional daily deposit collection agents pursuant to Ext.P18 notification and in the meantime stay regarding the termination of the petitioner shall continue until further orders. 3. Learned counsel for the respondent-Bank submits that they have no intention to terminate the service of the petitioner. The apprehension of the petitioner at this stage no longer subsists. Therefore, the pendency of the writ petition would be of no purpose. As far as the regularization of the service is concerned, petitioner shall be at liberty to seek a fresh **WP(C) NO. 9076 OF 2012** **5** representation in view of the judgment rendered by Supreme Court in _**State of Karnataka**_ v. _**Umadevi**_ [2006 (4) SCC 1] and in case such representation falls within the parameters laid down, the respondents shall decide the representation as expeditiously as possible within a period of three months from the date of receipt of the same. This writ petition shall stand disposed of in view of the aforementioned directions and observations. **Sd/AMIT RAWAL JUDGE** nak **WP(C) NO. 9076 OF 2012** **6** ## **APPENDIX OF WP(C) 9076/2012** PETITIONER EXHIBITS |Exhibit P1|THE PHOTOSTAT COPY OF THE NOTIFICATION| |---|---| ||ISSUED BY THE THIRD RESPONDENT BANK IN| ||THE DESABHIMANI MALAYALAM DAILY DATED| ||11.7.2007| |Exhibit P2|THE PHOTOSTAT COPY OF THE RESOLUTION| ||NO.14 DATED 2.7.2007 ISSUED BY THE| ||MANAGER 3RD RESPONDENT BANK| |Exhibit P3|THE PHOTOSTAT COPY OF THE LETTER| ||NO.WB/G/37/2007-08 DATED 5.7.2007 ISSUED| ||BY THE MANAGER, 3RD RESPONDENT BANK| |Exhibit P4|THE PHOTOSTAT COPY OF THE CIRCULAR| ||NO.EM.(4)12718/05 DATED 13.4.2005 ISSUED| ||BY THE REGISTRAR IN CHARGE, CO-OPERATIVE| ||REGISTRAR OFFICE, TVM.| |Exhibit P5|THE PHOTOSTAT COPY OF THE MEMO| ||NO.WB/G/37/2007-08 DATED 21/7/2007| ||ISSUED BY THE GENERAL MANAGER, 3RD| ||RESPONDENT BANK.| |Exhibit P6|THE PHOTOSTAT COPY OF THE APPOINTMENT| ||ORDER NO.WB/G/37/2007-08 DATED 9.8.2007| ||ISSUED BY THE GENERAL MANAGER, 3RD| ||RESPONDENT BANK, TO THE 3RD PETITIONER.| |Exhibit P7|THE PHOTOSTAT COPY OF THE APPOINTMENT| ||ORDER NO.WB/G/37/2007-08 DATED 9/8/2007| ||ISSUED BY THE GENERAL MANAGER, 3RD| ||RESPONDENT BANK, TO THE 7TH PETITIONER.| |Exhibit P8|THE PHOTOSTAT COPY OF THE APPOINTMENT| ||ORDER NO.WB/G/37/2007-08 DATED 9/8/2007| ||ISSUED BY THE GENERAL MANAGER, 3RD| ||RESPONDENT BANK, TO THE 8TH PETITIONER.| **WP(C) NO. 9076 OF 2012** **7** - Exhibit P9 THE PHOTOSTAT COPY OF THE APPOINTMENT ORDER NO.WB/G/37/2007-08 DATED 9/8/2007 ISSUED BY THE GENERAL MANAGER, 3RD RESPONDENT BANK, TO THE 10TH PETITIONER. - Exhibit P10 THE PHOTOSTAT COPY OF THE APPOINTMENT ORDER NO.WB/G/37/2007-08 DATED 9/8/2007 ISSUED BY THE GENERAL MANAGER, 3RD RESPONDENT BANK, TO THE 11TH PETITIONER. - Exhibit P11 THE PHOTOSTAT COPY OF THE RESOLUTION NO.18 DATED 2.6.2011 ISSUED BY THE MANAGER 3RD RESPONDENT BANK - Exhibit P12 THE PHOTOSTAT COPY OF THE REPRESENTATION NO.WB/G/156/A/2011-12 DATED 9.6.2011 SUBMITTED BY THE REGISTRAR, CO-OPERATIVE SOCIETIES, TRIVANDRUM, TO THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, WYNAD KALPATTA. - Exhibit P13 THE PHOTOSTAT COPY OF THE CIRCULAR NO.WB/G/37/2011-12 DATED 23.6.2011 ISSUED BY THE MANAGER 3RD RESPONDENT BANK - Exhibit P14 THE PHOTOSTAT COPY OF THE RESOLUTION NO.11 DATED 14.9.2011 ISSUED BY THE MANAGER 3RD RESPONDENT BANK - Exhibit P15 THE PHOTOSTAT COPY OF THE REPRESENTATION NO.WB/G/156/A/2011-12 DATED 27.9.2011 SUBMITTED BY THE REGISTRAR, CO-OPERATIVE SOCIETIES, TRIVANDRUM, TO THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, WYNAD KALPATTA. - Exhibit P16 THE PHOTOSTAT COPY OF THE COMMUNICATION NO.C.R.B.2820/07 DATED 9.12.2011 JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, WYNAD, TO THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, **WP(C) NO. 9076 OF 2012** **8** TRIVANDRUM. Exhibit P17 THE PHOTOSTAT COPY OF THE MEMO NO.WB/G/37/2011-12 DATED 16.2.2012 ISSUED BY THE MANAGER 3RD RESPONDENT BANK Exhibit P18 THE PHOTOSTAT COPY OF THE NOTIFICATION DATED 22.3.2012 PUBLISHED BY THE VEEKSHANAM MALAYALAM DAILY. RESPONDENT EXHIBITS Exhibit R3(A) THE TRUE COPY OF THE ORDER NO.C.R.B/2820/2007 DATED 17.3.2012 ISSUED BY 2ND RESPONDENT