High Court of KeralaSingle Judge2019-10-30Disposed of; common judgment directing Registra...

W.P.(C) Nos. 7669/2017 (G) and connected cases

Case / Petition Number:WP(C).Nos. 7669/2017 (G); 10751/2017 (T); 16507/2017 (K); 19404/2017 (A)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Muhammed Mustaque
Judgment Date: 2019-10-30
Court Decision / Holding: These writ petitions are disposed of by a common judgment. The Registrar of Co-operative Societies is to take a decision after hearing all concerned within two months, to determine the number of vacancies after considering regular promotions for direct recruitment, and to report such vacancies to the PSC within one month. Until this exercise is completed, the Bank shall not effect any further promotion. The court relied on Jameela v. James Joseph and directed a two-step process to identify vacancies and correct irregularities before PSC advisement.
Final Disposition: Disposed of; common judgment directing Registrar to decide after hearing within two months, and Bank to report vacancies to PSC within one month; no further promotions until completion of vacancy determination and reporting process; guidance to follow Rule 185(3) and related precedents.

Parties to the Case

Appellants / Petitioners

Various Petitioners in WP(C). Nos. 7669/2017 (G), 10751/2017 (T), 16507/2017 (K), 19404/2017 (A); including Shaji T.G. Thadathil, Rajeev P.K., Raji M. Ezhttam, Raji P. Vijayan, Subhash Kumar J., Sreenivasan S., Bijulal P., Rajesh P.K., Anilkumar R., Priya Raj B., Vinod Kumar C.T., Akhil Visobi I.V., Arjun M. Haridas, Reja K.R., Prasanna V.P., Kavitha K.R., Rema M., Siji C.J., Hema V.N, Seena P.N, Bindu S.B., Bindhu T.R., Binoj A.V., Beena N.V., Sincy P.D, Remya V.B.

Respondents

Pathanamthitta District Co-Operative Bank Ltd., represented by its General Manager
Board of Directors of Pathanamthitta District Co-Operative Bank Ltd., represented by its President
Kerala Public Service Commission, represented by its Secretary
District Officer, Kerala Public Service Commission, Pathanamthitta
Joint Registrar of Co-Operative Societies (General), Pathanamthitta District
Registrar of Co-Operative Societies, Thiruvananthapuram
Registrar of Co-Operative Societies (General), Thrissur

Legal Representation & Advocates

Counsels for Petitioners

• Adv. Smt. Adithya Rajeev (WP(C).7669/2017)
• Adv. N. Nandakumara Menon (Sr.) (WP(C).16507/2017)
• Adv. T. P. Harikumar (for some connected matters)
• Adv. Alice Thomas
• Adv. P. K. Manojkumar
• Adv. Smita S. Pillai
• Adv. M. C. Siny
• Adv. N. R. Raghunath (as applicable)

Counsels for Respondents

• Sri. Bimal K. Nath, Sr. Government Pleader
• Sri. P. C. Sasidharan, SC, KPSC
• Sri. T. P. Pradeep, SC, District Co-Operative Bank, PTA
• Sri. Bimal K. Nath (Government Pleader)
• Sri. George Poonthottam (Sr.)
• Sri. P. C. Sasidharan, SC, KPSC
• Adv. B. A. Sheno y
• Adv. K. V. George
• Adv. P. N. Rajagopal Nair

Case Synopsis & Summary

The batch of writ petitions concerns irregular promotions in co-operative banks in Kerala, with petitions filed by employees challenging promotions given to part-time contingent staff, and by PSC rank-holders challenging irregular promotions to clerks/cashiers. The core issue is whether the promotions violated the prescribed ratio between direct recruitment and promotions and, if so, how to address the vacancies in a manner consistent with Rule 185(3) of the Co-operative Societies Rules. The Court notes that the Bank had promoted employees on the condition that they would be reverted when PSC advised candidates, and promotions were made despite unclear vacancy determinations. Relying on earlier authority (Jameela v. James Joseph) the court holds that vacancies must be determined and promotions irregularities be addressed after a hearing. It directs the Registrar of Co-operative Societies to decide after hearing within two months, to quantify vacancies, and for the Bank to report vacancies to the PSC within one month. Until this process is complete, no further promotions should be effected. The petitions are disposed of by common judgment with directions to ensure a transparent, ratio-based approach to vacancies and promotions, balancing PSC advisement with the integrity of the recruitment process."

Provisions of Law Cited

Rule 185(3) (Kerala Co-operative Societies Rules)Right to Information Act, 2005 (RTI Act)

Legal Doctrines & Maxims

Audi alteram partem

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that irregular promotions had been effected in the banks in violation of the prescribed ratio between direct recruitment and promotion. They argued that reverting such promotees would create vacancies to be filled from the PSC list, and that a transparent process with hearing was necessary to determine the actual number of vacancies and promotions to be regularised.

Contentions of Respondents

The respondents argued that promotions should be justified by following the ratio and that irregularities should be corrected by reverting those promoted contrary to the ratio, with vacancies reported to the PSC. They urged adherence to Rule 185(3) and the established regulatory framework, and that any orders should be issued only after determining vacancies and giving affected persons a hearing.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Jameela v. James Joseph	2016 (2) KLT SN 26 (C.No.33)	Positive	The Division Bench held that the ratio has to be maintained based on vacancies; the present judgment cites this precedent to support determining vacancies and acting according to the ratio before any reverting or filling actions.

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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 A.MUHAMED MUSTAQUE** **WEDNESDAY, THE 30TH DAY OF OCTOBER 2019 / 8TH KARTHIKA, 1941** ## **WP(C).No.7669 OF 2017(G)** ## **PETITIONERS:** - **1 SHAJI T.G. THADATHIL HOUSE, KOONAMKARA P.O., R.PERINAD, PATHANAMTHITT DISTRICT.** - **2 RAJEEV P.K. PANNIPUZHA HOUSE, PARAL, VAZHAPPALLY WEST.P.O.,CHANGANASSERY, KOTTAYAM DISTRICT.** - **3 RAJI M EZHTTAM, PADA SOUTH, KARUNAGAPPALLY, KOLLAM DISTRICT.** - **4 RAJI. P. VIJAYAN 2/56, THANNIKUNNATHIL,ELAVUMTHITTA P.O., PATHANAMTHITTA DISTRICT.** - **BY ADV. SRI.ADITHYA RAJEEV** ## **RESPONDENTS:** - **1 THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD. REPRESENTED BY ITS GENERAL MANAGER, PATHANAMTHITTA, PIN-689 645.** - **2 THE BOARD OF DIRECTORS OF THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS PRESIDENT, PATHANAMTHITTA-PIN-689 645.** - **3 THE KERALA PUBLIC SERVCE COMMISSION REPRESENTED BY ITS SECRETARY,PATTOM P.O., THIRUVANANTHAPURAM-695 004.** - **4 THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA-689645.** - **5 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL PATHANAMTHITTA, PIN-689 645.** 2 W.P.(C) Nos.7669/17 & conn. cases - **6 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-695 001.** **ADDITIONAL R7 TO R9 IMPLEADED** - **7 JOBBY P.THOMAS KALARIKKAL HOUSE, KADAMURI, PARIYARAM P.O., KOTTAYAM.** - **8 THANKAMMA O.K. CHARIVUKALAYIL, KURAVANKUZHI P.O., PULLAD, PATHANAMTHITTA.** - **9 PUSHPA U. KARIYATHIL HOUSE, PARAYANALI, OMALLUR P.O., PATHANAMTHITTA.** **AS PER THE ORDER DATED 23.2.2018 IN I.A.NO.1275/18** **ADDL. 10TH RESPONDENT IMPLEADED :** - **10 THE PART-TIME ADMINISTRATOR PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD. HEAD OFFICE, PATHANAMTHITTA, PIN 689 645.** **AS PER THE ORDER DATED 30.10.2019** - **BY SRI.T.P.PRADEEP,SC,DIST.COOP.BANK,PATHANAMTHITTA BY SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER BY SRI.P.C.SASIDHARAN, SC, KPSC BY ADV. SMT.ANITHA RAVINDRAN BY ADV. SRI.B.S.SWATHY KUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.10.2019, ALONG WITH WP(C).19404/2017(A) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 W.P.(C) Nos.7669/17 & conn. cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **WEDNESDAY, THE 30TH DAY OF OCTOBER 2019 / 8TH KARTHIKA, 1941** ## **WP(C).No.10751 OF 2017(T)** ## **PETITIONERS:** |**1**||**THE BOARD OF DIRECTORS**| |---|---|---| |||**THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK**| |||**LIMITED, HEAD OFFICE, PATHANAMTHITTA,**| |||**PATHANAMTHITTA DISTRICT-689645,**| |||**REPRESENTED BY ITS PRESIDENT**| |**2**||**THOPPIL GOPAKUMAR**| |||**PRESIDENT, PATHANAMTHITTA DISTRICT CO-OPERATIVE**| |||**BANK LIMITED, HEAD OFFICE, PATHANAMTHITTA,**| |||**PATHANAMTHITTA DISTRICT-689645.**| |||**BY ADV. SRI.GEORGE POONTHOTTAM (SR.)**| |**RESPONDENTS**<br>**:**||| |**1**||**THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES**| |||**(GENERAL)**| |||**OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE**| |||**SOCIETIES (GENERAL), PATHANAMTHITTA DISTRICT**| |||**PIN-689645.**| |**2**||**THE REGISTRAR OF CO-OPERATIVE SOCIETIES**| |||**THIRUVANANTHAPURAM-695001.**| |||**ADDL.R3 IMPLEADED :**| |**3**||**THE PATHANAMTHITTA DISTRICT CO-OEPRATIVE BANK LTD.**| |||**NO.4365, REPRESENTED BY ITS GENERAL MANAGER**| |||**HEAD OFFICE, PATHANAMTHITTA 689 645.**| |||**AS PER THE ORDER DATED 30.10.2019 IN**| |||**I.A.NO.10653/2018**| |||**R1 BY GOVERNMENT PLEADER SRI.BIMAL K.NATH**| |||**R1 BY ADV.SRI.T.P.PRADEEP, SC, DIST.CO.OP.BANK, PTA**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.10.2019, ALONG WITH WP(C)NO.7669/2017(G) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 4 W.P.(C) Nos.7669/17 & conn. cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **WEDNESDAY, THE 30TH DAY OF OCTOBER 2019 / 8TH KARTHIKA, 1941** **WP(C).No.16507 OF 2017(K)** ## **PETITIONERS:** - **1 SUBHASH KUMAR.J. PEON, HEAD OFFICE, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD, PATHANAMTHITTA,PIN 689 645** - **2 SREENIVASAN.S PEON,PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD. MARAMAN BRANCH** - **3 BIJULAL.P PEON, HEAD OFFICE,PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD,PATHANAMTHITTA PIN 689 645** - **4 RAJESH P.K PEON, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD,KIDANGANNOORE BRANCH** - **5 ANILKUMAR R PEON, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD,NIRANAM BRANCH** - **6 PRIYA RAJ B PEON, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD, MANDUGA BRANCH** - **7 VINOD KUMAR C.T PEON, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD., KOZHENCHERY BRANCH** **BY ADVS. SRI.N.NANDAKUMARA MENON (SR.) SMT.ALICE THOMAS SRI.P.K.MANOJKUMAR SMT.SMITHA S.PILLAI SMT.M.C.SINY** 5 W.P.(C) Nos.7669/17 & conn. cases ## **RESPONDENTS:** - **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001** - **2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM PIN 695 001** - **3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)** **OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),PATHANAMTHITTA DISTRICT, PIN 689 645** - **4 THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD HEAD OFFICE, PATHANAMTHITTA,REPRESENTED BY ITS GENERAL MANAGER, PATHANAMTHITTA PIN 689 645** **BY GOVERNMENT PLEADER SRI.BIMAL K.NATH BY ADV.SRI.T.P.PRADEEP, SC, DIST.CO.OP.BANK, PTA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.10.2019, ALONG WITH WP(C) NO.7669/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 6 W.P.(C) Nos.7669/17 & conn. cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **WEDNESDAY, THE 30TH DAY OF OCTOBER 2019 / 8TH KARTHIKA, 1941** ## **WP(C).No.19404 OF 2017** ## **PETITIONERS:** |**1**|**NITHEESH.V.N.**| |---|---| ||**S/O NAGULAN, AGED 27 YEARS,**| ||**VATTEKATTIL HOUSE,ANCHERY P.O.,**| ||**THRISSUR DISTRICT, PIN. 680006.**| |**2**|**DEEPTHI M**| ||**W/O SURESH C.M., AGED 35 YEARS,**| ||**CHEMPALIPURATH MARATH, THALORE PO,**| ||**THRISSUR DISTRICT. PIN. 680306.**| |**3**|**BEENA K.S**| ||**W/O DILEEP E.M, AGED 41 YEARS,**| ||**ELUVANGAL HOUSE, KAVILPADAM,**| ||**KODAKARA PO, THRISSUR DISTRICT. PIN. 680684.**| |**4**|**NISHA .P.T**| ||**W/O ANIL KUMAR, AGED 40 YEARS,**| ||**NADUMURI HOUSE,PUTHENCHIRA, KOMATHUKADAVU**| ||**PO,THRISSUR DISTRICT. PIN. 680682.**| |**5**|**SIMI P.T**| ||**W/O ANTONY JAISON, AGED 31 YEARS,**| ||**MUTTAMTHOTTIL HOUSE, THIRUTHIPURAM PO,**| ||**KOTTAPPURAM (VIA), ERNAKULAM DISTRICT. PIN. 680667.**| |**6**|**AKHIL VISOB I.V**| ||**S/O VIJAYAN, AGED 29 YEARS,**| ||**ILLIKKAL HOUSE,KODALIPADI PO,**| ||**THRISSUR DISTRICT. PIN. 680699**| |**7**|**ARJUN M. HARIDAS**| ||**S/O M.K. HARIDAS, AGED 25 YEARS,MANGAT HOUSE,**| ||**VELLANGALLUR PO, THRISSUR DISTRICT. PIN. 680662**| |**8**|**REJA K.R.**| ||**W/O A.P. PREMJITH, AGED 39 YEARS,**| ||**ANDIKKOT HOUSE, KANIMANGALAM PO,**| ||**THRISSUR DISTRICT. PIN. 680027.**| 7 W.P.(C) Nos.7669/17 & conn. cases - **9 PRASANNA V.P W/O K.D SIVARAJAN, AGED 44 YEARS,KATTINGAL HOUSE, KUNNAPPILLY PO,THRISSUR DISTRICT. PIN. 680311.** - **10 KAVITHA K.R W/O C.B. VENU, AGED 34 YEARS, CHAKKANTHARA HOUSE, THRITHALLOOR WEST PO, THRISSUR DISTRICT. PIN. 680619.** - **11 REMA.M. W/O P.MOHANNAN, AGED 40 YEARS, MADATHIL HOUSE, GURUVAYOOR, THRISSUR DISTRICT.** - **12 SIJI C.J. W/O LEEJU, AGED 35 YEARS, VAZHAPPILLY HOUSE, NENMMINI PO, THRISSUR DISTRICT. PIN. 680104.** - **13 HEMA V.N W/O.PUSHPAN M.G, AGED 39 YEARS, MADIPURATH HOUSE, ANJOOR PO, MUNDUR, THRISSUR DISTRICT. PIN. 680541.** - **14 SEENA P.N. W/O.SUBASH C.G., AGED 38 YEARS, CHILANGALIYATH HOUSE, MOORKANIKKARA, THRISSUR DISTRICT. PIN. 680752.** - **15 BINDU S.B. W/O K.V.MURALEEDHARAN, AGED 40 YEARS, KAVALLUR RAMPARAMBIL HOUSE, PADIYOOR PO, THRISSUR DISTRICT. PIN. 680688.** - **16 BINDHU T.R. W/O.MOHANAN K.K, AGED 49 YEARS, KOAPULLY HOUSE, PUNKUNNAM PO, THRISSUR DISTRICT. PIN. 680002.** - **17 BINU K JOSE W/O.SYRIL CHIRAMMEL, AGED 44 YEARS, CHIRAMMEL HOUSE, KURIACHIRA PO, THRISSUR DISTRICT PIN. 680006.** - **18 PRASEETHA P.V W/O.SAJEEV, AGED 43 YEARS, PADIKKAL HOUSE,'SAKETHAM', VARAVOOR PO, THRISSUR DISTRICT.PIN. 680585.** 8 W.P.(C) Nos.7669/17 & conn. cases - **19 SAJEESH K.R S/O.RAMAKRISHNAN, AGED 32 YEARS, KADAVIL HOUSE, KUTTANALLUR PO, THRISSUR DISTRICT. PIN. 680014.** - **20 SUBIN E. HARIDAS S/O.E.R HARIDAS, AGED 38 YEARS, ETTUNGALPADY HOUSE, OLLUKKARA PO, THRISSUR DISTRICT. PIN. 680655.** **BY ADV. SRI.T.R.HARIKUMAR** ## **RESPONDENTS:** - **1 THE THRISSUR DISTRICT CO OPERATIVE BANK LTD. REPRESENTED BY ITS GENERAL MANAGER,HEAD OFFICE, THRISSUR , PIN. 680001.** - **2 THE PART-TIME ADMINISTRATOR THRISSUR DISTRICT CO-OPERATIVE BANK LTD, HEAD OFFICE, THRISSUR PIN. 680001,(JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,(GENERAL), THRISSUR.** - **3 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY,PATTOM PO, THIRUVANANTHAPURAM. 695004.** - **4 THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THRISSUR.PIN. 680001.** - **5 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) THRISSUR, PIN. 680001.** - **6 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 695001.** - **7 REMYA V.V JAYA NIVAS, KOLLAMPILLY HOUSE,HARI NAGAR, POONKUNNAM, THRISSUR DISTRICT.680002.** **ADDL.RESPONDENTS 8 TO 29 IMPLEADED AS PER ORDER DATED 19.7.2017 IN I.A.NO.11289/2017** - **8 PAZHANI V.T RAHUL NIVAS, EDAVILANGU P.O., KODUNGALLUR, THRISSUR DISTRICT-680671.** 9 W.P.(C) Nos.7669/17 & conn. cases - **9 RATHEESH KUMAR K.N KOLLARA HOUSE, PERINJANAM P.O., THRISSUR DISTRICT-680317.** - **10 JOJU P.J PORATHOOKARAN HOUSE, KALLUR P.O., THRISSUR DISTRICT-680317.** - **11 ARIFA K.A KARAPPAMVEETTIL, KARYAVATTOM P.O., VALAPPAD, THRISSUR DISTRICT-680567.** - **12 SURESH BABU.K KANNAMKUMARATH, ELAVATHUR, PATHIYARKULANGARA P.O., THRISSUR DISTRICT-680552.** - **13 SINDHU M.B SOUTH KONJATH, KARUVANNUR P.O., THRISSUR DISTRICT-680711.** - **14 JAYAKUMAR M.B MELEVEETTIL, KANNAMKULANGARA, KOORKKENCHERY P.O., THRISSUR DISTRICT-680007.** - **15 SIJU P.V PAYYAPPILLY, KOOVAKATTU KUNNU P.O., MELOOR, THRISSUR DISTRICT-680311.** - **16 SONY MATHEW AMBAKKADAN, THIRUVANIKKAVU, PLLUKKARA P.O., THRISSUR DISTRICT-680665.** - **17 SHAJU K.V KALAMKOLY, THOTTIPAL P.O., THRISSUR DISTRICT-680310.** - **18 SANTHOSH C.S CHELAKATT, KOORKKENCHERY P.O., THRISSUR DISTRICT-680007.** - **19 BEENU C.K PANAMKOOATHIL, MELOOR, PALAPPILLY KUNNU P.O., THRISSUR DISTRICT-680311.** - **20 SINI A.J KOOLIYATH, KOTTAPURAM P.O., KODUNGALLUR, THRISSUR DISTRICT-680667.** 10 W.P.(C) Nos.7669/17 & conn. cases - **21 RAJESH K.R.** **KALLAPPILLY, VELLANIKKARA P.O., THRISSUR DISTRICT-680654.** - **22 SABEENA M.S. PUTHENPURAYIL, CHELOOR, IRINJALAKUDA P.O., THRISSUR DISTRICT-680121.** - **23 RAMESAN N.A NEERTHATTIL, CHITTANJOOR P.O., KIZHUR (VIA), THRISSUR DISTRICT-680523.** - **24 SREEDEVI T.N KOLAMVEETTIL, PANANGAD P.O., THRISSUR DISTRICT-680665.** - **25 PRASANTH .P PONNATH, AVITTATHOOR P.O., IRINJALAKUDA, THRISSUR DISTRICT-680683.** - **26 BINOJ A.V ATTASSERY, POALAPPILLY, KOTTAMATTAM, NALUKETTU P.O., THRISSUR DISTRICT-680308.** - **27 BEENA N.V KALLIVALAPPIL, KALLETTUMKARA P.O., THRISSUR DISTRICT-680683.** - **28 SINCY P.D PALATHINGAL, VELLANGALLUR P.O., THRISSUR DISTRICT-680662.** **29 REMYA V.B JAYA NIVAS, KOTTAMPILLY, HARINAGAR, PUNKUNNAM P.O., THRISSUR DISTRICT-680002.** **BY ADV. SRI.GEORGE POONTHOTTAM R3, R4 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC BY ADV. SRI.B.ASHOK SHENOY BY ADV. SRI.K.V.GEORGE BY ADV. SRI.P.S.GIREESH BY ADV. SRI.P.N.RAJAGOPALAN NAIR R8 BY ADV. SRI.RIYAL DEVASSY BY SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.10.2019, ALONG WITH WP(C).7669/2017(G) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 11 W.P.(C) Nos.7669/17 & conn. cases ## **JUDGMENT** These matters are disposed of by a common judgment. I shall advert to the facts of each case before considering the issue involved in these cases. 2. WP(C) No.16507 of 2017 was filed by the peons in Pathanamthitta District Co-operative Bank Ltd. who were promoted while working as part-time contingent employees. They challenged the direction issued by the Joint Registrar of Co-operative Societies (General), Pathanamthitta to the Board of Directors of the District Co-operative Bank, Pathanamthitta, to cancel all promotions effected and to report such vacancies, consequent upon the Bank found irregularities in certain promotions. As seen from Exhibit-R4, there was no determination in regard to the ratio to be followed in such promotions. It is stated in Exhibit-R4 that the employees were given promotions on a condition that they will be reverted when the PSC advise candidates for the respective posts. 3. WP(C) No.19404 of 2017 was filed by the 12 W.P.(C) Nos.7669/17 & conn. cases candidates who are included in the PSC rank list for direct recruitment as clerk/cashier in Thrissur District Co-operative Bank Ltd. They challenge irregular promotions given in the post of clerk/cashier in the Bank without following the ratio. Their case is that if irregular promotions are interfered with and those promotees are reverted, there would be vacancies to accommodate the PSC hands. 4. WP(C) No.7669 of 2017 was filed by the candidates whose names are included in the rank list by the PSC for appointment as clerk/cashier in Pathanamthitta District Cooperative Bank by way of direct recruitment. They alleged that irregular promotions were effected in the Bank in violation of the prescribed ratio. They claimed that if irregular promotions are interfered with and if those promotees are reverted, the PSC hands can be accommodated. 5. WP(C) No.10751 of 2017 was filed by the then Board of Directors of Pathanamthitta District Co-operative Bank Ltd. Pending Writ Petition, vide I.A.No.10653 of 2018, 13 W.P.(C) Nos.7669/17 & conn. cases the Bank got impleaded as additional third respondent. In this case, the Board of Directors challenges Exhibit-P6 order of the Deputy Registrar (Inspection Cell I & II), Co-operative Society Registrar’s office, Thiruvananthapuram to cancel the promotion given in the cadre of peon, clerk/cashier etc. violating ratio. It was further directed in this order that the Bank shall report vacancies to the PSC after reverting such irregular promotees. 6. These matters called for a decision as to the irregular promotions alleged to have been effected in the Bank in violating the ratio. It is only after determining the number of such promotions that such vacancies can be reported to the PSC for advice among the candidates who are included in the rank list. This exercise has to be done by the competent authority. The promotees who are alleged to have been promoted irregularly also need to be heard before taking a decision in the matter. Only after this, actual number of vacancies can be verified for advice by the PSC. 7. A Division Bench of this Court in **Jameela v. James** 14 W.P.(C) Nos.7669/17 & conn. cases **Joseph (2016 (2) KLT SN 26 (C.No.33))** held that the ratio has to be maintained based on the vacancies. After referring to the purport of Rule 185(3), directions were given in regard to the manner in which such vacancies have to be filled up. Therefore, in the light of Rule 185(3), a decision has to be taken by the competent authority. 8. This Court is of the view that the Registrar of Co-operative Societies shall take a decision in this matter after hearing all the concerned within a period of two months. The Registrar shall specifically find out the number of vacancies available after adverting to such regular promotions for direct recruitment. Thereafter, the Bank shall communicate such vacancies to the PSC within a further period of one month. Till such exercise is completed by the Registrar as above, the Bank shall not effect any further promotion. These Writ Petitions are disposed of accordingly. Sd/- **A.MUHAMED MUSTAQUE JUDGE** csl 15 W.P.(C) Nos.7669/17 & conn. cases ## **APPENDIX OF WP(C) 7669/2017** **PETITIONERS' EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE RANKED LIST TO THE POST OF CLERK/CASHIER ISSUED BY THE PUBLIC SERVICE COMMISSION DATED 31-01-2017.** **EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGED OF THE VIGILANCE ENQUIRY REPORT DATED 11-11-2013. EXHIBIT P3 A TRUE COPY OF THE ENQUIRY REPORT DATED 24-10-2016. EXHIBIT P4 A TRUE COPY OF THE ORDER NO.C.R.B 4514/2016 DATED 25-10-2016 ISSUED BY THE 5TH RESPONDENT.** 16 W.P.(C) Nos.7669/17 & conn. cases ## **APPENDIX OF WP(C) 10751/2017** **PETITIONERS' EXHIBITS:** **EXHIBIT P1TRUE COPY OF THE COMMUNICATION NO.C.R.B.5353/12 DATED 10/01/2014.** **EXHIBIT P2TRUE COPY OF THE JUDGMENT DATED 29/11/2016 IN W.P(C) NO.2701/2014 PASSED BY THIS HON'BLC COURT.** - **EXHIBIT P3TRUE COPY OF THE JUDGMENT DATED 29/11/2016 IN W.P(C) NO.17720/2011 PASSED BY THIS HON'BLE COURT.** - **EXHIBIT P4TRUE COPY OF THE ORDER DATED 02/09/2014 IN W.P(C) NO.22513/2014 PASSED BY THIS HON'BLE COURT.** - **EXHIBIT P5TRUE COPY OF THE COMMUNICATION NO.G.1/16 DATED 15/03/2016 ISSUED BY THE DISTRICT CO-OPERATIVE BANK, PATHANAMTHITTA.** **EXHIBIT P6TRUE COPY OF THE COMMUNICATION NO.A.E.L.1411/17 DATED 24/03/2017 ISSUED BY THE 1ST RESPONDENT.** ## **RESPONDENTS' EXHIBITS :** **EXHIBIT-R3(a) TRUE COPY OF THE ORDER DATED 25.10.2016 OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL, PATHANAMTHITTA)** 17 W.P.(C) Nos.7669/17 & conn. cases ## **APPENDIX OF WP(C) 16507/2017** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 THE PHOTOSTAT COPY OF THE REGULATION G.O(MS) 40/89 CO-OP DATED 31-07-1989 OF THE PART-TIME CONTINGENT EMPLOYEES OF APEX COOPERATIVE BANK & DISTRICT CO-OPERATIVE BANKS OF THE STATE EXHIBIT P2 THE PHOTOSTAT COPY OF THE JUDGMENT DATED 20-02-2002 IN O.P NO 35565 OF 2001(H) PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM EXHIBIT P3 THE PHOTOSTAT COPY OF THE JUDGMENT DATED 14-09-2009 IN O.P NO 36101 OF 2001 (W) PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM EXHIBIT P4 THE PHOTOSTAT COPY OF THE ORDER C.B(3) 52262/2009 DATED 7-1-2011 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM EXHIBIT P5 THE PHOTOSTAT COPY OF THE CIRCULAR NO.E.M(1) 50087/2010 DATED 21-1-20111 ISSUED BY THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES S.C/ST TVM EXHIBIT P6 THE PHOTOSTAT COPY OF THE COMMUNICATION NO ENDOVEMENT C.40/2011 DATED 25-1-2011 ISSUED BY THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, TVM EXHIBIT P7 THE PHOTOSTAT COPY OF THE RESOLUTION NO 122/(1)/DATED 28-12-2000 ISSUED BY THE PRESIDENT OF THE 4TH RESPONDENT EXHIBIT P8 THE PHOTOSTAT COPY OF THE LETTERNO DP &G(1)/021/85-86/11243 DATED 7-2-2001 ISSUED BY THE 4TH RESPONDENT TO THE SECOND RESPONDENT EXHIBIT P9 THE PHOTOSTAT COPY OF THE JUDGMENT DATED 29-11-2016 IN W.P(C) NO 17720/2011 PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM** 18 W.P.(C) Nos.7669/17 & conn. cases ## **EXHIBIT P10** **THE PHOTOSTAT COPY OF THE JUDGMENT DATED 29-11-2016 IN W.P9C) NO 2701/2014 PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM** **EXHIBIT P11** **THE PHOTOSTAT COPY OF THE COMMUNICATION NO. A.E.L. 1411/17 DATED 24-03-2017 ISSUED BY THE 1ST RESPODENT.** **EXHIBIT P12** **THE PHOTOSTAT COPY OF THE ORDER DATED 28-32017 IN WP(C) NO 10751/2017 (T) PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM** ## **RESPONDENTS' EXHIBITS :** **EXHIBIT-R4 TRUE COPY OF THE ORDER DATED 25.10.2016** **OF JOINT REGISTRAR (GENERAL), PATHANAMTHITTA BEARING NO.CRB 4514/2016** 19 W.P.(C) Nos.7669/17 & conn. cases ## **APPENDIX OF WP(C) 19404/2017** **PETITIONERS' EXHIBITS:** ## **EXHIBIT P1** **A TRUE COPY OF THE RANKED LIST FOR THE POST OF CLERK/CASHIER (DIRECT) PUBLISHED BY THE PUBLIC SERVICE COMMISSION DATED 30.12.2016.** **EXHIBIT P2 A TRUE COPY OF THE RANKED LIST FOR THE POST OF CLERK/CAHISER (SOCIETY QUOTA) PUBLISHED BY THE PUBLIC SERVICE COMMISSION DATED 30.12.2016.** - **EXHIBIT P3 A TRUE COPY OF THE ORDER NO.CB(4)35982/2013 DATED 3.1.2014 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,** **EXHIBIT P4 A TRUE COPY OF THE APPLICATION FILED UNDER THE RTI ACT DATED 20.1.2017.** **EXHIBIT P5 A TRUE COPY OF THE REPLY ISSUED UNDER THE RTI ACT DATED 28.1.2017.** - **EXHIBIT P6 A TRUE COPY OF THE PROCEEDINGS NO.EP (1)1925/2016-17 DATED 28.6.2016 OF THE 1ST RESPONDENT.** **EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE DISTRICT CO-OPERATIVE BANK ALL KERALA PSC RANK HOLDER'S ASSOCIATION BEFORE THE 6TH RESPONDENT DATED 6.4.2017.** **EXHIBIT P8 A TRUE COPY OF THE INTERIM ORDER DATED 8.3.2017 IN WP(C) 7669 OF 2017.**