WA.No.2404/2019; WA.No.2435/2019; WA.No.2437/2019

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** ## **&** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941** ## **WA.No.2404 OF 2019** - **AGAINST THE ORDER DATED 7.11.2019 IN WP(C) 11657/2018(F) OF HIGH COURT OF KERALA** ## **APPELLANTS/RESPONDENTS 2 & 3:** - **1 THE KOLLAM DISTRICT CO-OPERATIVE BANK REPRESENTED BY ITS GENERAL MANAGER, DISTRICT BANK TOWER, KOLLAM-691011.** - **2 THE ADMINISTRATOR, KOLLAM DISTRICT CO-OPERATIVE BANK, DISTRICT BANK TOWER, KOLLAM-691011** **BY ADV. SRI.P.C.SASIDHARAN** ## **RESPONDENTS/PETITIONERS & RESPONDENTS 1 & 4:** - **1 RENUKA R., PUTHEN MADOM, PADA NORTH, KARUNAGAPPALLY, KOLLAM DISTRICT.** - **2 JISHA THILAK T,VAYALIL PUTHENVEEDU, PINACKAL CHERY, ORUMA NAGAR (195), THATTAMALA.P.O, KOLLAM-691020.** - **3 SREEJA.K, SREYA BHAVAN, PAZHANGALAM NALLILA.P.O, KOLLAM-691515.** - **4 MINIMIL.G, KURANDIKUZHY VEEDU, SNEHA NAGAR-172, ULIYAKOVIL, KOLLAM-691019.** W.A.Nos.2404, 2435 & 2437 of 2019 2 - **5 SILPA.A.S, KARTHIKA, AMBALATHINKALA.P.O, EZHUKONE, KOLLAM-691505.** - **6 RAJALAKSHMI.P.C, THIRUVATHIRA,PERAYAM, UMAYANALLOOR.P.O, KOLLAM-691589.** - **7 DEEPA.R., MELAYATHU HOUSE, ALUMOODU.P.O, MUKATHALA, KOLLAM-691577.** - **8 SUMA K.P., VADAKKE VAYANAKATHU PUTHENVEEDU, PALACE WARD, KRISHNAPURAM.P.O, KAYAMKULAM, ALAPPUZHA DISTRICT.** - **9 PRIJI LAL.P.L., GOWRI SANKARAM, ELAMPALLIL, PAYYANALLOOR.P.O, PATHANAMTHITTA DISTRICT.** - **10 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAURAM695001.** - **11 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, P.S.C.OFFICE, PATTOM, THIRUVANANTHAPURAM-695004.** - **R1 TO R9 BY ADV.SRI.P.MOHANDAS** - **R10 BY G.P.SMT.K.R.DEEPA** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.01.2020, ALONG WITH WA.Nos.2435/2019 & 2437/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.A.Nos.2404, 2435 & 2437 of 2019 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** ## **&** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941** ## **WA.No.2435 OF 2019** **(AGAINST THE ORDER DATED 7.11.2019 IN WP(C) 26491/2017(J) OF HIGH COURT OF KERALA)** ## **APPELLANTS/RESPONDENTS 1 & 2:** - **1 THE KOZHIKODE DISTRICT CO-OPERATIVE BANK HEAD OFFICE, KOZHIKKODE, PIN-673 001, REPRESENTED IT ITS GENERAL MANAGER.** - **2 THE PART TIME ADMINISTRATOR/JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), KOZHIKODE DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, KOZHIKKODE, PIN-673 001.** ## **BY ADV. SRI.P.C.SASIDHARAN** ## **RESPONDENTS/PETITIONERS & RESPONDENTS 3 & 6:** - **1 BIJUNA P., W/O.PRAKASAN.M., PUTHUKUDIKANDY HOUSE, KUTHIRAVATTOM P.O., KOZHIKODE-673 016.** - **2 JISHANTH.K.C.,KUZHICHALIL HOUSE, NOCHAD P.O., NADAVANNUR (VIA), KOZHIKODE-673 614.** - **3 BIJU.N.P., NADUVILAMOOTTAPARAMBIL, IRINGATH P.O., PAYYOLI, KOZHIKODE-673 522.** - **4 SHANI.M.,MADHUVANATH HOUSE, KUNNAMANGALAM P.O., KOZHIKODE-673 570.** W.A.Nos.2404, 2435 & 2437 of 2019 4 - **5 PRAKASHAN KUNIYAL,KUNIYA HOUSE, KURINHALIYODE P.O., VADAKARA, KOZHIKODE-673 101.** - **6 PRAJI.C.P., CHAITHRAM, KARALIPARAMBIL, KUTHIRAVATTOM P.O., KOZHIKODE-673 016.** - **7 SHAIJU.K.,KANHIRANGATTU HOUSE, KOMMERI P.O., KOZHIKODE-673 007.** - **8 SANTHOSH KUMAR.P.,PALANKAVIL HOUSE, CHALIYAM P.O., KOZHIKODE-673 301.** - **9 THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN-695 003, REPRESENTED BY ITS SECRETARY.** - **10 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION,DISTRICT OFFICE, CIVIL STATION, KOZHIKODE, PIN-673 001.** - **11 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA STATE, THIRUVANANTHAPURAM, PIN-695 001.** - **12 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), KOZHIKODE, PIN-673 001.** - **R1 TO R8 BY ADV.SRI.B.S.SWATHI KUMAR** - **R11 & R12 BY G.P.SMT.K.R.DEEPA** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.01.2020, ALONG WITH WA.Nos.2404/2019 & 2437/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.A.Nos.2404, 2435 & 2437 of 2019 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** ## **&** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941** ## **WA.No.2437 OF 2019** **AGAINST THE ORDER DATED 21.11.2019 IN WP(C) 31456/2019(F) OF HIGH COURT OF KERALA** ## **APPELLANTS/RESPONDENTS 3 & 4:** - **1 THE KOLLAM DISTRICT CO-OPERATIVE BANK REPRESENTED BY ITS GENERAL MANAGER, DISTRICT BANK TOWER, KOLLAM-691 011.** - **2 THE ADMINISTRATOR, KOLLAM DISTRICT CO-OPERATIVE BANK,DISTRICT BANK TOWER, KOLLAM-691 011.** **BY ADV. SRI.P.C.SASIDHARAN** ## **RESPONDENTS/PETITIONERS & RESPONDENTS 1, 2 & 5:** - **1 MEERA.R, DILEEP MANDIRAM, KARAMKODE P.O., KOLLAM.** - **2 SREEJA.R., RAJ BHAVAN, NADUKKUNNU P.O., PATHANAPURAM, KOLLAM.** - **3 BEENA.R., THEJUS, KARAVALLOOR P.O., PUNALUR, KOLLAM.** - **4 SREEJUA.R.,DWARAKA, ELIKKATTOOR P.O., PUNALUR, KOLLAM.** - **5 SINDHU.H.S.,THENGUVILA VEEDU, PUNNEKULAM, BHOOTHAKULAM P.O., KOLLAM.** W.A.Nos.2404, 2435 & 2437 of 2019 6 - **6 STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **7 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKHARANA BHAVAN, D.P.I.JUNCTION, JAGATHY, THIRUVANANTHAPURAM-695 014.** - **8 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, P.S.C. OFFICE, PATTOM, THIRUVANANTHAPURAM-695 004.** **R1 to R5 BY ADV.SRI.P.MOHANDAS** - **R6 & R7 BY G.P.SMT.K.R.DEEPA** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.01.2020, ALONG WITH WA.Nos.2404/2019 & 2435/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.A.Nos.2404, 2435 & 2437 of 2019 7 ## **JUDGMENT** ## **Ravikumar, J.** These appeals carry challenge against interim orders passed by this Court on different dates in different writ petitions. Since the issue involved is interrelated and intertwined the appeals are taken up for joint consideration and are being disposed of by this common judgment. W.A.No.2404 of 2019 is directed against the interim order dated 7.11.2019 passed in W.P.(C)No.11657 of 2018, W.A.No.2435 of 2019 is filed against the interim order dated 7.11.2019 in W.P. (C)No.26491 of 2017 and W.A.No.2437 of 2019 is filed against the interim order dated 21.11.2019 in W.P.(C)No.31456 of 2019. The appellants are the respondents in the respective writ petitions which are still pending. The writ petitioners who are respondents in these appeals filed the above mentioned writ petitions seeking issuance of writ of mandamus commanding the respondents therein viz., the appellants herein, to report all vacancies in the cadre of Clerk/Cashier under the Kozhikode District Co-operative Bank/Kollam District Co-operative Bank. All of them are rank holders in the lists concerned published by the Kerala Public Service Commission on completion of the selection process initiated subsequent to notification inviting applications for appointment to the aforesaid post in Kozhikode District Co-operative W.A.Nos.2404, 2435 & 2437 of 2019 8 Bank/ Kollam District Co-operative Bank. The interim orders against which these appeals are preferred are passed by the learned Single Judge directing the appellants herein to report the number of vacancies, specifically mentioned in those orders, provisionally. Obviously, in all the interim orders under challenge it was specifically made clear that advice need not be made by the Public Service Commission against vacancies reported based on the orders, without determination of actual number of vacancies by this Court. It is also stated therein that such a direction to report vacancies provisionally was issued taking note of the fact that the lists in question would expire on 17.1.2020. It is feeling aggrieved by the said directions contained in the interim orders that respondents therein have come up in appeals. 2. Heard the learned counsel for the appellants and also the learned Government Pleader. 3. Having gone through the interim orders under challenge we are of the considered view that the first point to be decided is whether these appeals could be maintained in view of the Full Bench decision of this Court in **K.S.Das** v. **State of Kerala (1992 (2) KLT 358 (F.B.)).** We have already taken note of the fact that as per the interim orders under challenge direction was issued to the appellants to report vacancies provisionally, making it clear that advice need not be made against vacancies reported based on the interim order. We are at W.A.Nos.2404, 2435 & 2437 of 2019 9 a loss to understand how such an order would cause prejudice to the appellants. A scanning of the impugned orders would reveal that no right of any of the parties was decided finally as per the aforesaid orders. In **K.S.Das's** case (supra) the Full Bench considered the question whether an appeal would lie to the Division Bench under Section 5(i) of the Kerala High Court Act, 1958 against an interlocutory order in a writ petition, while the main petition is pending and if so, what are the circumstances under which or the types of cases in which, such an appeal will lie. True that, a scanning of the said judgment would reveal that the Full Bench did not lay down an inviolable position that under no circumstances an appeal will lie against an interim order solely on the ground of pendency of the main petition. At the same time, it is held therein that an appeal is maintainable in such circumstances against an interlocutory order provided it is a final order on the miscellaneous petition in the sense that it is not an ad interim order made if the order substantially affects or touches upon the substantial rights and liabilities of the parties or are matters of moment or matters which would cause real legal prejudice to the parties, even though the parent original proceedings is alive. In view of the nature of the issues involved in the writ petitions it is only to keep the issue live that such interim orders were passed in the writ petitions. Evidently, the prayer in the writ petitions is to report vacancies in the cadre of W.A.Nos.2404, 2435 & 2437 of 2019 10 Clerk/Cashier in the aforesaid District Co-operative Banks. Obviously, the lists in question drawn and published by the Public Service Commission is due to expire on 17.1.2020. In the absence of such an interim order the matter in issue involved in the writ petitions would have become infructuous. We have already taken note of the fact that even after issuing a direction to report the vacancies provisionally it was made very clear as per the impugned orders that PSC need not effect advice against the vacancies reported. In the said circumstances, it is evident that as per the interim orders no substantial rights or liabilities are decided finally and it also cannot be said that serious prejudice will be caused to the PSC/Banks by such interim orders. In the said circumstances, in view of the dictum laid down in **K.S.Das's** case (supra) we are of the view that these appeals cannot be maintained. Consequently, these appeals are dismissed as not maintainable. Sd/- **C.T.RAVIKUMAR Judge** Sd/- **N.NAGARESH Judge** TKS