Kunhi Marakkar K v. Joint Registrar Of Co-Operative Societies, Palakkad

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 WP(C).No. 1699 of 2013 (J) --------------------------- PETITIONER(S):

---------------- KUNHI MARAKKAR. K., BRANCH MANAGER IN CHARGE THE OTTAPALAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK PATTAMBI BRANCH, PALAKKAD.

BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S):

------------------

1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES PALAKKAD - 678 001.

2. THE OTTAPALAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO.621, OTTAPALAM, REPRESENTED BY ITS SECRETARY - 679 101.

3. THE MANAGING COMMITTEE OF THE OTTAPALAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO.621, REPRESENTED BY ITS PRESIDENT, PIN - 679 101.

4. P.M.RAJAN SENIOR SUPERVISOR, THIRUVAZHIYOD BRANCH, THE OTTAPALAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO.621, OTTAPALAM, PALAKKAD - 679 101.

RR-R2 BY ADV. SRI.P.P.THAJUDEEN RR-R2 BY ADV. SRI.K.HARIDASAN RR4 BY ADV. SRI.K.RAMAKUMAR (SR.) R4 BY ADV. SRI.S.M.PRASANTH R4 BY ADV. SMT.SMITHA GEORGE R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-02-2015, ALONG WITH WPC. 3098/2013 & WPC. 6010/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.1699 of 2013 PETITIONERS EXTS:

EXT.P1 TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY THE MANONMANIAM SUNDARANAR UNIVERSITY.

EXT.P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT DATED 29/12/2012.

EXT.P3 TRUE COPY OF THE LIST OF UNIVERSITIES RECOGNISED BY THE UGC, DOWN LOADED FROM THE OFFICIAL WEBSITE OF THE UGC.

EXT.P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE LIST OF UNIVERSITIES RECOGNISED BY THE COMMISSION, DOWN LOADED FROM THE OFFICIAL WEBSITE.

EXT.P5 TRUE COPY OF THE APPROVED FEEDER CATEGORY.

EXT.P6 TRUE COPY OF THE SENIORITY LIST.

RESPONDENTS EXTS:

EXT.R2(a) TRUE PHOTOCOPY OF THE COMMUNICATION ISSUED BY THE REGISTRAR KERALA UNIVERSITY 4/2/2013.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) Nos.1699, 3098 & 6010 of 2013 --------------------- Dated this the 4th day of February, 2015

J U D G M E N T

The degree awarded by Manonmaniam Sundaranar University is nevertheless a degree recognizable in terms of Rule 186 of the Kerala Co-operative Societies Rules, 1969. There can therefore be no inhibition in law in appointing the petitioner in W.P.(C) Nos.1699 & 6010 of 2013 as Branch Manager. There are two vacancies in the post of Branch Manager in the Ottappalam Primary Co-operative Agricultural and Rural Development Bank Ltd.No.621 concededly. Therefore the petitioner afore stated as well as the petitioner in W.P.(C) No.3098/2013 can be appointed as Branch Managers in Ottappalam Primary Co-operative Agricultural and Rural Development Bank Ltd.No.621.

2. What remains is the inter se seniority between the petitioner in W.P.(C) Nos.1699 & 6010 of 2013 on the one hand and the petitioner in W.P.(C) No.3098/2013 on the other hand. A seniority shall be assigned to these persons by the Bank after putting them on notice and hearing their versions. The needful shall be done within a period of one month from the

W.P (C) Nos.1699, 3098 & 6010/2013 date of receipt of a copy of this judgment.

The Writ Petitions are disposed of as above.

Sd/- V.CHITAMBARESH, Judge.

nj.