Thankamani Peter v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 18TH DAY OF FEBRUARY 2015/29TH MAGHA, 1936 WP(C).No. 5037 of 2015 (D) --------------------------- PETITIONER:

------------------ THANKAMANI PETER, AGED 55 YEARS, D/O. PETER, MANAGER & SECRETARY-IN-CHARGE, THE SULTHAN BATHERY SERVICE CO-OPERATIVE BANK LTD., SULTHAN BATHERY TALUK, WAYANAD DISTRICT PIN 673 592.

BY ADVS.SRI.K.C.ELDHO SRI.JIJO THOMAS RESPONDENTS:

------------------------ 1.

STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001.

2.

THE JOINT REGISTRAR OF CO-OP SOCIETIES (GENERAL) KALPETTA, WAYANAD PIN CODE 673 121.

3.

THE BOARD OF DIRECTORS REPRESENTED BY ITS PRESIDENT, THE SULTHAN BATHERY SERVICE CO-OPERATIVE BANK LTD., SULTHAN BATHERY, WAYANAD DISTRICT PIN 673 592.

BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 5037/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

A TRUE COPY OF THE ORDER DATED 21.10.2014 OF THE 3RD RESPONDENT.

EXHIBIT P2 :

A TRUE COPY OF THE SENIORITY LIST OF THE 3RD RESPONDENT BANK APPROVED ON 11.02.2014.

EXHIBIT P3 :

A TRUE COPY OF THE SULTHAN BATHERY SERVICE COOPERATIVE BANK LTD. NO. LL.11 EMPLOYEES FEEDER CATEGORY (AMENDMENT) RULES DATED 16/12/2000 EXHIBIT P4 :

A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 5037 OF 2015 ------------------------------------ Dated this the 18th day of February, 2015

JUDGMENT

The petitioner claims promotion to the post of Secretary with effect from 01.12.2014. The petitioner claims seniority on the basis of Ext.P2 list and entitlement on the basis of Ext.P3 feeder category rules. Ext.P4 representation put in by the petitioner in this regard is pending with the second respondent. 2.

I direct the second respondent to consider Ext.P4 representation with notice to the petitioner and the third respondent bank. The needful shall be done within a period of three weeks from the date of production of a copy of this judgment. Needless to say that the claim of the petitioner shall be considered in the light of Ext.P2 seniority list and Ext.P3 feeder category rules.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd