High Court of KeralaWP(C)/3904/2014disposed of

Shanoj.N.M. v. Payyoli Co-Operative Urban Bank Ltd.No.F 1354

2015-03-13Honourable Mr.Justice V.Chitambaresh5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 13TH DAY OF MARCH 2015/22ND PHALGUNA, 1936 WP(C).No. 3904 of 2014 (K) --------------------------- PETITIONER:

------------------ SHANOJ.N.M., NAMBOORI MADATHIL, PAYYOLI P.O., VATAKARA PIN-673 524.

BY ADV. SRI.P.P.JACOB RESPONDENTS:

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

1. THE PAYYOLI CO-OPERATIVE URBAN BANK LTD.NO.F 1354, P.B.NO.1, PAYYOLI P.O., KOZHIKODE-673 522 REPRESENTED BY ITS GENERAL MANAGER.

2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE-673 004.

3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO SOCIAL WELFARE (A)DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

4. SANTHOSH KUMAR K.T., PEON/WATCHMAN, PAYYOLI CO-OPERATIVE URBAN BANK LTD.NO.F.1354 P.B.NO.1, PAYYOLI P.O., KOZHIKODE-673 522.

5. SASI K.K., PEON/WATCHMAN, PAYYOLI CO-OPERATIVE URBAN BANK LTD.NO.F.1354 P.B.NO.1, PAYYOLI P.O., KOZHIKODE-673 522.

6. PRAJESHKUMAR N., PEON/WATCHMAN, PAYYOLI CO-OPERATIVE URBAN BANK LTD.NO.F.1354, P.B.NO.1, PAYYOLI P.O., KOZHIKODE-673 522.

7. NAJUMA, W/O. MUSTHAFFA, SONITHAM, PEON/WATCHMAN PAYYOLI CO-OPERATIVE URBAN BANK LTD.NO.F.1354 P.B.NO.1, PAYYOLI P.O., KOZHIKODE-673 522.

8. SHINJITH, S/O. KRISHNAN, PEON/WATCHMAN, KOLAPPANARI HOUSE, PAYYOLI P.O., KOZHIKODE-673 522.

WP(C) NO. 3904/2014 Addl.9. THE CO-OPERATIVE SERVICE EXAMINATION BOARD STATE CO-OPERATIVE BANK BUILDING, OVER BRIDGE GENERAL POST OFFICE, THIRUVANANTHAPURAM -695 001 REPRESENTED BY ITS SECRETARY.

ADDL. R9 IS IMPLEADED AS PER ORDER DATED 07/08/2014 IN IA 7694/2014. R1 BY ADV. SRI.P.N.MOHANAN R4-R6 BY ADV. SRI.BABU CHERUKARA R4-R6 BY ADV. SRI.S.RUSSEL R4-R6 BY ADV. SRI.V.R.ARUN R7 & 8 BY ADV. SRI.D.SREEKUMAR ADDL.R9 BY ADV. SMT.RASHMI. K.V., SC, CO.OP. SERVICE EXAMINATION BOARD BY SPECIAL GOVERNMENT PLEADER SRI. D. SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-03-2015, ALONG WITH WPC. 20979/2013, WPC. 31793/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3904 of 2014 (K) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :

COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE DEPARTMENT OF HEALTH SERVICES DTD.16.6.2012 TO THE PETITIONER.

EXHIBIT P2 :

COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DTD.17.11.2011.

EXHIBIT P3 :

COPY OF THE NOTIFICATION DTD.27.5.2013 PUBLISHED IN MATHRUBHUMI DAILY DTD.30.5.2013 BY THE 1ST RESPONDENT. EXHIBIT P4 :

COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DTD.15.6.2013.

EXHIBIT P5 :

COPY OF THE LETTER OF INTERVIEW DTD.7.8.2013 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P6 :

COPY OF THE NOTIFICATION DTD.12.9.2013 ISSUED BY THE 1ST RESPONDENT PUBLISHED IN KAUMUDI DAILY DTD.15.9.2013. EXHIBIT P7 :

COPY OF THE REPORT FILED BY THE ASSISTANT REGISTRAR (G), QUILANDY, DTD.19.9.2013.

EXHIBIT P8 :

COPY OF THE ORDER DTD.28.11.2013 ISSUED BY 2ND RESPONDENT DTD.28.11.2013.

EXHIBIT P9 :

COPY OF THE RANK LIST PREPARED BY CO-OPERATIVE SERVICE EXAMINATION BOARD.

RESPONDENT(S)' EXHIBITS :

EXHIBIT R1(a) :

A TRUE COPY OF THE CIRCULAR NO. 54/2011 DATED 14.07.2011. EXHIBIT R8A :

TRUE COPY OF RESOLUTION DATED 11.09.2013 PASSED BY THE PAYYOLI CO-OPERATIVE URBAN BANK LTD.

/TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NOs. 3904 OF 2014, 20979 OF 2013 & 31793 OF 2013 ------------------------------------ Dated this the 13th day of March, 2015

JUDGMENT

Circular Nos. 54/2011 issued by the Registrar of Cooperative Societies provides for reservation of three percent in appointment for differently abled persons. The specific allegation is that the said circular was not adhered to by the Payyoli Co-operative Urban Bank Ltd. in the matter of appointment. Such circulars have statutory force as held in Akalakkunnam village Service Co-operative Bank Ltd. Vs. Binu V. [ILR 2014(4) Ker. 605].

The Joint Registrar of Co-operative Societies was moved in this regard by the persons aggrieved relying on circular No. 54/2011. The Joint Registrar has the jurisdiction to see whether such statutory circulars have been flouted under Section 66A of the Kerala Co-operative Societies Act, 1969. The Joint Registrar has in the instant case rescinded resolution Nos. 2 dated 25.03.2013 and 17 dated 24.08.2013 deciding to give appointment to three other persons. The jurisdiction under Rule

WP(C) No. 3904/2014, 20979/2013 & 31793/2013 176 of the Kerala Cooperative Societies Rules is evidently invoked.

Whether the statutory circular has been flouted and the resolutions deserve to be rescinded involves adjudication of many factual disputes. The order of the Joint Registrar dated 28.11.2013 can therefore be challenged in a statutory appeal. An appeal lies under Section 83(1)(j) of the Kerala Co-operative Societies Act. The appointees can also be put on notice and heard in the exercise.

Any appeal filed within one month from today shall be dealt with by the government within two months therefrom. The complainants as well as the alleged appointees and also the bank shall be made parties to the appeal. The status quo as on today shall continue till the statutory appeal is disposed of. The order dated 28.11.2013 of the Joint Registrar is liable to be implemented if no statutory appeal is filed by any party within the time permitted.

The Writ Petitions are disposed of. No costs. V. CHITAMBARESH JUDGE ncd