High Court of KeralaWP(C)/27249/2014disposed of

Suja D v. The Joint Registrar Of Co-Operative Societies (General)

2015-02-05Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 WP(C).No. 27249 of 2014 (E) ---------------------------- PETITIONER(S):

---------------- SUJA.C.D., CHOODANNOOR HOUSE, MATTAKARA, PADUVA P.O., KOTTAYAM - 686 564 BY ADVS.SRI.R.SREEHARI SRI.P.N.MOHANAN RESPONDENT(S):

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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOTTAYAM 686 001

2. THE MANAGING COMMITTEE OF MARAVANTHURUTHU SERVICE CO-OPERATIVE LTD NO 121, REPRESENTED BY THE PRESIDENT, EDAVATTOM P.O THALAYOLAPARAMBU (VIA), VAIKOM, KOTTAYAM - 686 564

3. MARAVANTHURUTHU SERVICE CO-OPERATIVE BANK LTD NO. 121, REPRESENTED BY THE SECRETARY, EDAVATTOM P.O THALAYOLAPARAMBU (VIA), VAIKOM, KOTTAYAM 686564 R2 & 3 BY ADV. SRI.T.A.SHAJI (SR.) R2 & 3 BY ADV. SRI.M.A.ASIF R2 & 3 BY ADV. SMT.K.P.SHEEBA R BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27249 of 2014 (E) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS --------------------------- EXHIBIT P1 TRUE COPY OF THE RELEVANT PORITION OF THE NOTIFICATION ISSUED BY THE KERALA CO-OPERATIVE SERVICE EXAMINATION BOARD EXHIBIT P2 A TRUE COPY OF THE RANK LIST EXHIBIT P3 TRUE COPY OF THE RELINQUISHMENT LETTER OF SANTHI.M, THUSHARA. P. JOSE, ANIL.M AND PONNAMBILY.A EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 11-06-2012 OF THE BANK RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.27249 of 2014 --------------------- Dated this the 5th day of February, 2015

J U D G M E N T

The petitioner asserts that the total number of posts in the cadre of junior clerk in the third respondent Bank is 5. Appendix III relating to Class III Primary Credit Society is relied on. The petitioner points out that only two posts have been filled up and three posts remain.

2. The third respondent maintains that the total number of posts in the cadre of Junior Clerks is only 2. It is the further case that these 2 posts have already been filled up. The ranked list gets exhausted once the notified vacancies are filled up. This is the basis of the contention of the third respondent Bank.

3. It would be appropriate if the first respondent applies his mind after notice to the petitioner and the third respondent Bank. The first respondent is clothed with jurisdiction under Section 66A of the Kerala Co-operative Societies Act.

4. Any motion made by the petitioner shall be dealt with by the first respondent within one month therefrom. The same shall be done with notice to the

W.P (C) No.27249 of 2014 petitioner as well as the third respondent Bank. Needless to say that the first respondent is empowered to direct the third respondent Bank to fill up the posts if there exists vacancies.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.