Kerala High Court
Sugathan Nair. K vs Registrar Of Co-Operative Societies on 8 September, 2010
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 28TH DAY OF FEBRUARY 2017/9TH PHALGUNA, 1938
WP(C).No. 6591 of 2017 (Y)
---------------------------
PETITIONER(S):
------------------------
1. SUGATHAN NAIR. K.,
CLERK, FORT MORNING AND EVENING BRANCH,
S/O KRISHNAPILLA, AGED:50 YEARS,
RESIDING AT KALYANI, SOUHRUDA GARDEN,
ARALUMOODU, THIRUVANANTHAPURAM.
2. SIMI. R.,
CLERK, PETTAH BRANCH, D/O AYYAPPAN PILLAI,
AGED:39 YEARS, RESIDING AT SARIKA, ANIKARA,
KARAKULAM P.O,THIRUVANANTHAPURAM.
3. SADEESH KUMAR. K.,
CLERK, KUNNATHUKAL BRANCH,
S/O KUTTAPPAN. D., AGED:44 YEARS,
RESIDING AT SAN NIVAS, KURUVADU,
KOTTACKAL P.O., THIRUVANANTHAPURAM.
4. THARA P.NAIR,
CLERK, THOLIKDODE BRANCH,
D/O VASUDEVAN PILLAI, AGED:43 YEARS,
RESIDING AT SAUPARNIKA, ANAD, NEDUMANGAD,
THIRUVANANTHAPURAM.
BY ADVS.SRI.THOMAS ABRAHAM,
SMT.MERCIAMMA MATHEW,
SRI.ASWIN.P.JOHN.
RESPONDENT(S):
--------------------------
1. REGISTRAR OF CO-OPERATIVE SOCIETIES,
KERALA STATE, THIRUVANANTHAPURAM-695 001.
2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
THIRUVANANTHAPURAM DISTRICT,
THIRUVANANTHAPURAM-695 001.
3. KERALA PUBLIC SERVICE COMMISSION,
PATTOM, THIRUVANANTHAPURAM-695 004,
REPRESENTED BY ITS SECRETARY.
WP(C).No. 6591 of 2017 (Y)
4. DISTRICT OFFICER
KERALA PUBLIC SERVICE COMMISSION OFFICE,
PATTOM, THIRUVANANTHAPURAM-695 004.
5. THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD,
HEAD OFFICE, EAST FORT P.O., FORT,
THIRUVANANTHAPURAM-695 014,
REPRESENTED BY ITS MANAGING DIRECTOR.
R1 & R2 BY SR. GOVT. PLEADER SMT.C.S. SHEEJA.
R3 & R4 BY SRI.P.C.SASIDHARAN, SC.
R5 BY SRI.T.R.HARIKUMAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28-02-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 6591 of 2017 (Y)
APPENDIX
PETITIONER'S EXHIBITS:-
P1 THE TRUE COPY OF THE ORDER NO. DTG(2) 2295/06 DATED 08/09/2010
ISSUED BY THE 3RD RESPONDENT ADVISING THE 1ST PETITIONER FOR
RECRUITMENT AS CLERK/CASHIER IN THE 5TH RESPONDENT BANK.
P2 THE TRUE COPY OF THE MEMO NO. ADM/ESTT/APPMT/9390/2010-2011
DATED 23/09/2010 ISSUED BY THE 5TH RESPONDENT BANK
PROVISIONALLY APPOINTING THE 1ST PETITIONER AS CLERK/CASHIER
IN THE SERVICE OF THE BANK.
P3 THE TRUE COPY OF THE LETTER NO. ADM/ESTT/E2/2322/2016-17
DATED 09/06/2016 SUBMITTED BY THE 5TH RESPONDENT TO PSC
REQUESTING PREPARATION OF A SENIORITY LIST.
P4 THE TRUE COPY OF THE RELEVANT PORTION OF THE SENIORITY LIST
OF EMPLOYEES PREPARED BY THE 5TH RESPONDENT BANK.
P5 THE TRUE COPY OF THE DOCUMENT NO.DTC(3) 3954/16
DATED 07/09/2016 ISSUED IN REPLY TO A QUERY UNDER THE RIGHT
TO INFORMATION ACT.
P6 THE THE TRUE COPY OF THE REPRESENTATION DATED 30/12/2016
SUBMITTED BY THE 1ST PETITIONER.
P6(A) THE TRUE COPY OF THE REPRESENTATION DATED 30/12/2016
SUBMITTED BY THE 2ND PETITIONER.
P6(B) THE TRUE COPY OF THE REPRESENTATION DATED 30/12/2016
SUBMITTED BY THE 3RD PETITIONER.
P6(C) THE TRUE COPY OF THE REPRESENTATION DATED 30/12/2016
SUBMITTED BY THE 4TH PETITIONER.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
P.B. SURESH KUMAR, J.
------------------------------------------------
W.P.(C) No.6591 of 2017
------------------------------------------------
Dated this the 28th day of February, 2017
JUDGMENT
The petitioners are employees of the fifth respondent Bank. Their grievance in the writ petition concerns the positions assigned to them in Ext.P4 seniority list published by the fifth respondent Bank. The grievances of this nature, going by the scheme of the Kerala Co-operative Societies Act, are to be ventilated before the Co-operative Arbitration Court under Section 69 of the Act. In the light of the aforesaid alternative remedy available to the petitioners, the writ petition is disposed of without prejudice to the right of the petitioners to approach the Co-operative Arbitration Court for ventilation of their grievances.
Sd/-
P.B. SURESH KUMAR JUDGE bpr