Shamnas Bai R. v. The Peoples Urban Cooperative Bank Ltd No.15

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 ------------------------------------- PETITIONER:

-------------------------- SHAMNAS BAI R.

W/O. NAZEER S., AGED 37 YEARS RESIDING AT H.NO. 6/840. VALIYAMALOTH PARAMBU MATTANCHERY, KOCHI-2.

BY ADVS.SRI.M.R.HARIRAJ SMT.VINEETHA B.

SRI.NIRMAL V NAIR SRI.K.RAJAGOPAL SMT.M.A.JINSA MOL RESPONDENTS:

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

1. PEOPLES URBAN CO-OPERATIVE BANK LTD NO.51 THRIPUNITHURA, ERNAKULAM-682301 REPRESENTED BY ITS GENERAL MANAGER.

2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES ERNAKULAM

3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM

4. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM

5. ROOPA MOL.K.R.

KALATHIPARAMBIL VEEDU, MANJARAKADU ROAD NJARAKKAL.P.O., ERNAKULAM -682505.

6. SANDHYA.P.R.

MANAYIDAPARAMBU HOUSE, THRIPUNITHURA, EROOR.P.O. ERNAKULAM -682306.

7. ASWATHY RAMAKRISHNAN MELETH HOUSE, THEVER MADHOM, KALADY PIRAROOR.P.O., ERNAKULAM -683574.

8. KAMARBAN.A.A.

ANIKATTU HOUSE, KUTTUMASSERY, THOTTUMUGHAM.P.O. ERNAKULAM -683105.

9. MRUDULA.R.NAIR REVATHY BHAVAN, KANHIRAMATTOM.P.O., ERNAKULAM -682315. * ADDL. R10 IS IMPLEADED

10. CO-OPERATIVE SERVICE EXAMINATION BOARD II FLOOR, CO-OPERATIVE BANK BUILDING OVERBRIDGE JUNCTION THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. *ADDL. R10 IS IMPLEADED AS PER ORDER DATED 18/03/2014 IN IA 4073/2014.

R1 BY ADV. SRI.T.A.RAJAN, SC, PEOPLES URBAN CO-OP. BANK R2, R3 & R4 BY GOVERNMENT PLEADER SRI. GIKKU JACOB R5, R6 & R9 BY ADV. SRI.MARTIN G.THOTTAN R7 BY ADVS. SRI.YASH THOMAS MANNULLY SRI.K.V.GOPAKUMAR R8 BY ADV. SRI.RILGIN V.GEORGE R10 BY ADVS. SRI.ANIL THOMAS, SC, CO.OP. SERVICE EXAMINATION BOARD SMT.RASHMI. K.V., SC, CO.OP. SERVICE EXAMINATION BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S) EXHIBITS :- EXHIBIT P1- A TRUE COPY OF THE ELECTORAL ID CARD OF THE PETITIONER. EXHIBIT P2- A TRUE COPY OF THE CERTIFICATE DATED 18-04-2011 ISSUED BY THE VILLAGE OFFICER.

EXHIBIT P3- THE TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE ISSUED TO THE PETITIONER.

EXHIBIT P4- A TRUE COPY OF THE CALL LETTER DATED 19-03-2011. EXHIBIT P5- A TRUE COPY OF THE ORDER DATED 19-04-2011 IN WPC 12482/2011 ON THE FILES OF THIS HONOURABLE COURT.

EXHIBIT P6- A TRUE COPY OF THE JUDGMENT DATED 15-11-2012 IN WPC 12482/2011 ON THE FILES OF THIS HONOURABLE COURT.

EXHIBIT P7- A TRUE COPY OF REPRESENTATION DATED 24-11-2012. EXHIBIT P7A - COPY OF THE REQUEST DATED 29.11.2012 MADE BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT EXHIBIT P8- A TRUE COPY OF LETTER REF. NO. 611/2012-13 DATED 26.12.2012 EXHIBIT P9- A TRUE COPY OF THE REQUEST DATED 14.01.2013 EXHIBIT P10- A TRUE COPY OF THE LETTER NO. CSEB/76/2013 DATED 19.02.2013 ISSUED BY THE PUBLIC INFORMATION OFFICER, CO-OPERATIVE SERVICE EXAMINATIN BOARD.

EXHIBIT P11- A TRUE COPY OF THE JUDGMENT DATED 2.6.2014 IN W.P.(C). NO. 4576/2014 OF THIS HOUNOURABLE COURT RESPONDENT(S)' EXHIBITS:- --------------------------------------- EXHIBIT R1(a)- A TRUE COPY OF THE INTERIM ORDER DATED 12.04.2011 IN W.P.(C). NO. 12055/2011 OF THIS HON'BLE COURT EXHIBIT R5(a)- A TRUE COPY OF THE ORDER BEARING NO. 605/2012-13 DATED 03.12.2012 EXHIBIT R7(a)- A TRUE COPY OF THE APPOINTMENT ORDER DATED 30.11.2011 ISSUED BY IRE EMPLOYEES CO-OPERATIVE SOCIETY LTD.

EXHIBIT R7(b)- A TRUE COPY OF THE CERTIFICATE OF EMPLOYMENT DATED 01.03.2013 ISSUED BY IRE EMPLOYEES CO-OPERATIVE SOCIETY LTD. EXHIBIT R7(c)- A TRUE COPY OF THE RELIEVING ORDER DATED 28.02.2013 ISSUED BY IRE EMPLOYEES CO-OPERATIVE SOCIETY LTD.

/TRUE COPY/

P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 28499 OF 2012 ---------------------------------------- Dated this the 3rd day of February, 2015

JUDGMENT

The issue is covered by Ext. P11 common judgment in W.P.(C). No. 4576/2014 and connected cases. There is therefore no reason to deny the grace marks to the petitioner under Rule 182(4)(iv A) of the Kerala Co-operative Societies Rules, 1969. The husband of the petitioner is admittedly a native of the place to which the area of operation of the first respondent bank extends.

2.

One post of Junior Clerk/Junior Cashier/Appraiser was directed to be kept vacant by interim order dated 30.11.2012 in this writ petition. The petitioner can as well be accommodated in that post especially since the validity of the rank list has now expired. There is no other competing claim by any other candidates as revealed from the arguments. 3.

The writ petition is hence disposed of directing the first respondent to accommodate the petitioner in the post afore described after granting her grace marks in accordance with the Rule aforesaid. The needful shall be done within a period of one month from the date of production of a copy of

W.P.(C). NO. 28499 OF 2012 2 this judgment. This shall be done without disturbing respondents 5 to 9 who have already secured appointment in the first respondent bank.

V. CHITAMBARESH JUDGE