V.V.Harikrishnan v. Sindhu S.V
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WA.No. 112 of 2015 () IN WP(C).21222/2013 ------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 21222/2013 of HIGH COURT OF KERALA DATED 31/10/2014 APPELLANT(S)/5th RESPONDENT:
----------------------------------------------- V.V.HARIKRISHNAN S/O.K.VIJAYAN NAIR, THIRUVONAM HOUSE, KOLIYACODE.P.O. VENJARAMOODU THIRUVANANTHAPURAM - 695607. NOW WORKING AS SECRETARY, KOLIYACODE CONSUMER CO-OPERATIVE SOCIETY LTD. NO.T.1002 KOLIYACODE.
BY ADV. SRI.R.B.RAJESH RESPONDENT(S)/PETITIONERS/RESPONDENTS 1,2,3 & 4: --------------------------------------------------------------------------------
1. SINDHU.S.V.
SECREARY VINOBHA SMARAKA HANDLOOM WEAVERS CO-OPERATIVE SOCIETIES LTD.NO.H(T) 520 KALLIYOOR P.O., THIRUVANANTHAPURAM.
2. BINUKUMAR V.
ACCOUNTANT VINOBHA SMARAKA HANDLOOM WEAVERS CO-OPERATIVE SOCIETIES LTD.NO.H(T) 520 KALLIYOOR P.O., THIRUVANANTHAPURAM.
3. KUNJUMOL .S.
CLERK SREE CHITHIRATHIRUNAL SMARAKA POLYESTER HANDLOOM WEAVERS CO-OPERATIVE SOCIETIES LTD.NO.T.575 PAYARUMOODU, MULLOOR P.O., THIRUVANANTHAPURAM.
4. SHABU L SALESMAN KAVUVILAKAM HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD NO.H 9 141 KAVUVILAKAM, VENGANOOR P.O.
5. GEETHAKUMARI AMMA.S, CLERK VENGANOOR VILLAGE INTERGRATED HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD NO.H.IND (T) 587 PERINGAMALA, KALLIYOOR P.O., THIRUVANANTHAPURAM.
WA N0.112/15 -2-
6. SHEEJA K.P.
CLERK KARUMKULAM HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD NO.3412 KAVUVILAKAM, THIRUVANANTHAPURAM.
7. SAJEEV KUMAR V.
ACCOUNTANT JAIKISH POLYSTER HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD NO.H (T) 646 PERINGAMALA, KALLIYOOR P.O..
8. LIZU JESLET C.P.
SECRETARY SREENARAYANAN VANITHA HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD NO.H.IND (T) 689 NARUVAMOOD P.O.
9. PRAVEEN S.P.
SECRETARY RAJIV GANDHI VANITHA HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD NO.T.668 KAKKAMOOLA, KALLIYOOR P.O., THIRUVANANTHAPURAM.
10. SHEEBA S CLERK KAVUVILAKAM HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD NO.H 9 141 KAVUVILAKAM, VENGANOOR P.O.
11. THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, VELLAYAMABLAM THIRUVANANTHAPURAM-695 001.
12. THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK THIRUVANANTHAPURAM-695 001.
13. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, THULASI HILLS PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004.
14. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE PATTOM P.O., THIRUVANANTHAPURAM-695 004.
R12 BY ADV. SRI.T.R.HARIKUMAR, SC, BY SRI.P.N.MOHANAN BY SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO.112/15 APPENDIX APPELLANT'S EXHIBITS ANNEXURE A:
TRUE COPY OF THE NOTIFICATION CATEGORY NO.176/07 AND 177/07 DT 7.12.11 ISSUED BY THE KERALA PUBLIC COMMISSION.
ANNEXURE B:
TRUE COPY OF MAIN RANK LIST OF CANDIDATES COMING UNDER PART II OF K.P.S.C.
//True Copy// PA to Judge Rp
ANTONY DOMINIC & ALEXANDER THOMAS, JJ.
=============================== Writ Appeal No. 112 of 2015 ==================== Dated this the 21st day of January, 2015
J U D G M E N T
Antony Dominic, J.
The party respondents herein filed WP(C) No.21222/13 seeking a direction to the 4th respondent in the writ petition to accept Exts.P14 to P22 service certificates and advice them for appointment as Peon/Watchman in the available vacancies. They also sought a declaration that they are eligible to get appointment to the District Co-operative Bank being employees of the societies affiliated to such Banks.
2.
By the judgment under appeal, the learned single Judge disposed of the writ petition along with two other cases declaring that the writ petitioners are eligible to be treated as having been regularly appointed from the date on which their appointment in the Handloom Weavers Co-operative Society is certified by the Registrar and their advice shall be in accordance with the ranking obtained in Ext.P11 rank list. It is this judgment, which is under challenge before us.
W.A.No.112/15 : 2 :
3.
We heard the learned counsel for the appellant and have considered the submissions made.
4.
The only reason which was relied on to refuse advice to the writ petitioners was that their appointment in the Handloom Weavers Co-operative Society was not approved by the Registrar. To sustain the contention that such approval was necessary, Section 80, Rule 182(5) and Section 80(3A) of the Kerala Cooperative Societies Act and Rules were relied on. The learned single Judge examined these provisions of the Act and the Rules and has rightly concluded that these provisions did not mandate the approval of the Registrar. It was in such circumstances that the learned single Judge directed that the petitioners therein shall be treated as having been regularly appointed from the date on which they were appointed in the Handloom Weavers Cooperative Society and on that basis, they shall be advised in accordance with the rank obtained in the ranked list. 5.
Having considered the submissions made in the light of the statutory provisions, we do not find any illegality in the view taken by the learned single Judge. Appeal fails and is dismissed.
W.A.No.112/15 : 3 :
It is true that a contention was raised that there are several fraudulent societies where vague appointments are allegedly made. However, we do not think it necessary to go into those issues as even the official respondents do not have a case to that effect. Further, the appointment of the writ petitioners were duly certified in Exts.P14 to P22, the genuineness of which was also not under challenge.
Sd/- ANTONY DOMINIC JUDGE Sd/- ALEXANDER THOMAS JUDGE Rp //True Copy// PA to Judge