High Court of KeralaWP(C)/20690/2014disposed of

Nikhila Sasidharan v. State Of Kerala

2015-02-04Honourable Mr.Justice V.Chitambaresh4 pages

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. 20690 of 2014 (I) -------------------------------------- PETITIONER:

-------------------- NIKHILA SASIDHARAN, AGED 26 YEARS D/O LATE SASIDHARAN, "THIRUVATHIRA", TC 59/C399 VENGANOOR, VENGANOOR P.O, 695 523 BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.PRATHAP PILLAI SRI.BENOJ C AUGUSTIN SRI.VISHNU BHUVANENDRAN RESPONDENTS:

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

1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPRUAM 695001

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM 695001

3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), THIRUVANANTHAPURAM - 695 001

4. THE DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM OFFICE OF THE DISTRICT CO-OPERATIVE BANK, FORT THIRUVANANTHAPURAM 695001 REPRESENTED BY ITS MANAGING DIRECTOR R1 TO R3 BY GOVERNMENT PLEADER SRI. T.R. RAJESH R4 BY ADV. SRI.T.R.HARIKUMAR, SC, THIRUVANANTHAPURAM DIST.CO.OP.BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20690 of 2014 (I) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S BROTHER EXHIBIT P2 TRUE COPY OF THE RATION CARD OF THE PETITIONER'S FAMILY EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 24.07.2013 EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 17.01.2014 EXHIBIT P5 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 17.07.2013 FOR EMPLOYMENT UNDER THE DYING-INHARNESS SCHEME UNDER RULE 188A OF THE KERALA COOPERATIVE SOCIETIES RULES EXHIBIT P6 TRUE COPY OF THE FORM B SIGNED BY THE WIFE AND MOTHER OF THE DECEASED NIKHIL EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 07.12.2013 ISSUED ON BEHALF OF THE 2ND RESPONDENT TO THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 20690 OF 2014 ---------------------------------------- Dated this the 04th day of February, 2015

JUDGMENT

The delay in applying for compassionate employment by the petitioner in the fourth respondent bank is only 14 days. The petitioner has explained the delay by stating that time was consumed for obtaining the No Objection Certificate from her mother and sister-in-law. The delay is negligible and the first respondent can as well exempt the fourth respondent bank from the rigour of Rule 188A(b) of the Kerala Cooperative Societies Rules. 2.

I permit the fourth respondent bank to move the first respondent under Rule 181 of the Kerala Co-operative Societies Rules and to obtain exemption for the purpose of appointment of the petitioner on compassionate grounds. Any motion made in that regard within one month from today shall be dealt with by the first respondent within two months therefrom.

It is open to the fourth respondent bank to appoint the petitioner in the vacancy applied for after obtaining

W.P.(C). NO. 20690 OF 2014 2 exemption from the first respondent. Needless to say that the third respondent Joint Registrar shall accord approval for such appointment on compassionate grounds in view of the death of the brother of the petitioner in service.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE