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High Court of KeralaWP(C)/14897/2015disposed of

Nirmalraj.R.J v. Joint Registrar(General) Of Co-Operative Societies

2015-05-29Honourable Mr. Justice Dama Seshadri Naidu6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 ---------------------------- PETITIONERS:

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1. NIRMALRAJ.R.J, AGED 33 YEARS, S/O.R.M.JOHNSON, RATHAPILLIL HOUSE, MOOLANKAVE P.O. SULTHAN BATHERY, WAYANAD DISTRICT.

2. ROOPA K D/O.JANARDHANAN, KANDIYAN HOUSE, SULTHAN BATHERY P.O., SANTHINAGAR COLONY, WAYANAD DISTRICT.

3. PRAVEENA S., AGED 36 YEARS, W/O.JILLU N.D., NEERAMKULATH HOUSE, KOLERI P.O., KENICHIRA.

4. RAJASEKHARAN P., AGED 26 YEARS, S/O.DAMODHARAN NAIR, SAISADAN HOUSE, NENMENI P.O. K.KOLERI, KENICHIRA.

5. ANOOP.N.S., AGED 33 YEARS, S/O.SASI, NELLIYANIKUNNEL HOUSE, CHOOTHUPARA P.O. K.KOLERI, M KENICHIRA.

6. AMRUTHA O.B., AGED 28 YEARS, W/O.PRATHAB K.R., KANJIRAKKATTIL HOUSE, MAILAMBADI P.O., MEENANGADI, SULTHAN BATHERY.

7. DONIYA JOSEPH, AGED 26 YEARS, D/O.V.T.JOSEPH, VELLARAMKATTIL HOUSE, SASIMALA P.O. PULPALLY.

8. PRINESH KUMAR T.P., AGED 29 YEARS, S/O.PADMANABHAN, THEKKEDATHE HOUSE, KONNACHAL P.O. ERUMAD.

BY ADVS.SRI.T.A.SHAJI (SR.) SMT.NAMITHA JYOTHISH RESPONDENTS:

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1. JOINT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES WAYANAD-673 592.

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2. SULTHAN BATHERY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO. W299, SULTHAN BATHERY P.O., WAYANAD -673 592 REPRESENTED BY ITS SECRETARY

3. THE BORAD OF DIRECTORS, THE SULTHAN BATHERY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO.W 299, SULTHAN BATHERY P.O., WAYANAD -673 592, REPRESENTED BY ITS PRESIDENT.

R2-R3 BY ADV. SRI.GEORGE POONTHOTTAM R BY SRI. G. GOPAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX PETITIONERS' EXHIBITS :

---------------------------- EXT.P1. TRUE COPY OF THE NOTICE DATED 24/7/2012 INVITING APPLICATION FOR APPOINTMENT ALONG WITH ITS ENGLISH TRANSLATION. EXT.P2. TRUE COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER. EXT.P3. TRUE COPY OF THE G.O.(P) N.103/2003/CO-OP DATED 21/4/2003. EXT.P4. TRUE COPY OF THE REQUEST DATED 3/6/2014 ALONG WITH ITS ENGLISH VERSION.

EXT.P5. TRUE COPY OF THE ORDER DATED 20/6/2014 OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION.

RESPONDENTS' EXHIBITS: NIL ------------------------------- /True Copy/ P.A to Judge.

rv

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 14897 of 2015 (J) ---------------------------------- Dated this the 29th day of May, 2015.

JUDGMENT

Heard the learned counsel for the petitioners, the learned Government Pleader, and the learned Standing Counsel for respondents 2 and 3, 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. Briefly stated, petitioners 1 to 7 are the junior clerks, and the 8th petitioner is the System Administrator, working under the second respondent Bank. Though the petitioners had originally been appointed on contract basis, subsequently on the basis of the decisions and resolutions of the General Body and the Board of Directors, the first respondent ordered regularisation of the petitioners' services as per Ext.P5 order. Since respondents 2 and 3 have so far not implemented Ext.P5, the petitioners have filed the present writ petition.

3. The learned counsel for respondents 2 and 3 has

W.P.(C). No. 14897/2015 -2submitted that the respondent Bank shall be taking every steps to implement Ext.P5 order as expeditiously as possible. In the facts and circumstances, having regard to the respective submissions of the learned Counsel for the petitioners and the learned counsel for respondents 2 and 3, this Court disposes of the writ petition with a direction to respondents 2 and 3 to implement Ext.P9, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

sd/- DAMA SESHADRI NAIDU, JUDGE.

rv

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