High Court of KeralaWP(C)/9094/2015disposed of

Joychan v. Joint Registrar Of Co-Operative Societies

2015-07-16Honourable Mr. Justice Dama Seshadri Naidu5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 WP(C).No. 9094 of 2015 (J) --------------------------- PETITIONER:

--------------- JOYCHAN, AGED 45 YEARS, S/O.KUTTAN, RAVI BHAVAN, NEDUNGOLAM, KOLLAM DISTRICT, ACCOUNTANT, NEDUNGOLAM SERVICE CO-OPERATIVE BANK LTD NO 2845 BY ADV. SMT.G.VIDYA RESPONDENTS:

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

1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTORATE, KOLLAM PIN 691 013

2. BOARD OF DIRECTORS OF NEDUNGOLAM SERVICE CO-OPERATIVE BANK LTD NO 2845, REPRESENTED BY THE PRESIDENT NEDUNGOLAM, KOLLAM PIN 691 334

3. NEDUNGOLAM SERVICE CO-OPERATIVE BANK LTD NO 2845, NEDUNGOLAM, KOLLAM REPRESENTED BY THE SECRETARY PIN 691 334. R3 BY ADV. SRI.M.RAJENDRAN NAIR R3 BY ADV. SMT.M.SANTHY R BY SRI. G. GOPAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9094 of 2015 (J) --------------------------- APPENDIX PETITIONER'S EXHIBITS :

---------------------------- EXT.P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 2ND RESPONDENT,DATED 30-01-99.

EXT.P2 THE TRUE COPY OF THE ORDER OF PROMOTION ISSUED BY THE 3RD RESPONDENT,DATED 07-12-07.

EXT.P3 THE TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 12-06-12.

EXT.P4 THE TRUE COPY OF THE EMPLOYEES LIST OF THE 2ND RESPONDENT BANK.

EXT.P5 THE TRUE COPY OF THE REPRESENTATIONS SUBMITTED BY THE PETITIONER DATED 21-10-14.

EXT.P6: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 29.06.2015 AND ENGLISH TRANSLATION.

RESPONDENTS' EXHIBITS :

------------------------------ EXT.R3(a): TRUE COPY OF THE FEEDER CATEGORY SUB RULES APPROVED BY THE JOINT REGISTRAR (GENERAL), KOLLAM O/4979/06/K DIS DATED 20.01.2007.

/True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 9094 of 2015 (J) ---------------------------------- Dated this the 16th day of July, 2015.

JUDGMENT

Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the respondent Bank, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. The petitioner, presently working as a Senior Clerk in the third respondent Bank, has a grievance that his claim for further promotion has not been considered by the third respondent, despite clear vacancies in the post of Assistant Secretary, the promotional post. Ventilating his grievance, the petitioner is said to have submitted Ext.P5 representation before the second respondent, apart from sending Ext.P6 reminder. Seeking an expeditious disposal of Exts.P5 and P6 representations by the second respondent, the petitioner has approached this Court.

W.P.(C). No. 9094/2015 -23. In response to the submissions made by the learned counsel for the petitioner, the learned counsel for the third respondent has submitted that the second respondent will take all necessary steps to consider the petitioner's Exts.P5 and P6 representations at the earliest.

In the facts and circumstances, having regard to the respective submissions of the learned Counsel for the petitioner and the learned counsel for the respondent Bank, this Court, without adverting to the merits of the matter, disposes of the writ petition with a direction to the 2nd respondent to consider the petitioner's Exts.P5 and P6 representations in accordance with law and pass appropriate orders thereon, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

sd/- DAMA SESHADRI NAIDU, JUDGE.

W.P.(C). No. 9094/2015 -3-