Smt. Indumathi vs The Registrar Of Co-Operative ... on 7 November, 2012

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Karnataka High Court

Smt. Indumathi vs The Registrar Of Co-Operative ... on 7 November, 2012

Bench: Subhash B.Adi

                              1




 IN THE HIGH COURT OF KARNATAKA, BANGALORE

   DATED THIS THE 7TH DAY OF NOVEMBER 2012

                          BEFORE

       THE HON'BLE MR. JUSTICE SUBHASH B.ADI

       WRIT PETITION NO.42745 OF 2012 (S-RES)

BETWEEN:

Smt.Indumathi
W/o Ramachandra Panasalkar
Aged about 53 years
Typist-cum-Clerk,
Primary Co-operative Agricultural
and Rural Development Bank,
Belgaum.                             ... PETITIONER

(BY SRI.N.SRIRAM REDDY, ADV.)

AND:

   1. The Registrar of Co-operative Societies,
      Ali Askar Road,
      Bangalore.

   2. The Member Secretary,
      Common Cadre Committee for
      PCARD Bank Employees,
      Alur Venkata Rao Road,
      Chamarajpet,
      Bangalore.

   3. The Secretary
      The Belgaum Taluka Co-operative
      Agricultural and Rural Development
      Bank Limited,
      CCB No.1, Mahadwar Road,
      Belgaum.                    ... RESPONDENTS
                              2



(BY SMT.MANJULA KAMADOLLI, HCGP FOR R1
 SRI G.R.PRAKASH, ADV. FOR R2)
                             ---

     This writ petition is filed under Articles 226 and
227 of the Constitution of India praying to quash the
orders passed by the 1st respondent in Dispute
No.LDB/1/Dis/3/2006-07         dated   3.1.2009     vide
Annexure-C and etc.

      This petition coming on for Preliminary Hearing
this day, the Court made the following


                        ORDER

Learned Government Pleader is directed to take notice for the 1st respondent.

Sri. G.R.Prakash, learned counsel is directed to take notice for the 2nd respondent.

2. Though the petitioner has sought for quashing of Annexure-C order passed by the Registrar of Co-operative Societies rejecting the request of the petitioner for regularisation of his services, however, the grievance of the petitioner is that similarly placed employees working in different co-operative societies had filed W.P.Nos.1515-1519/2009 and connected 3 matters and this Court by order dated 22.03.2012 allowed the writ petitions and has issued a direction to the respondents to consider the claim of the petitioners therein for regularisation of their services in accordance with the principles enunciated by the Apex Court in the decision of the STATE OF KARNATAKA AND OTHERS vs. M.L.KESARI AND OTHERS reported in AIR 2010 SC 2587.

3. Petitioner who was earlier party in the said writ petitions, he withdrew the writ petition. Subsequently, he also filed an application for impleading. However, his application was rejected by this Court by order dated 13.07.2012 inter alia giving liberty to the petitioner to file a writ petition. In view of the same, the petitioner has filed this writ petition.

4. If the petitioner has made a representation to the respondents and if his case also falls in terms of the order passed by this Court in W.P.Nos.1515- 1519/2009 and connected matters, his case may be 4 considered in the light of the decision of the Apex Court in the case of STATE OF KARNATAKA AND OTHERS vs. M.L.KESARI AND OTHERS as per the norms stated therein as early as possible not later than three months from the date of receipt of copy of this order.

SD/-

JUDGE VP

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