Kerala High Court
Yamuna P vs Assistant Registrar Of Co-Operative ... on 3 August, 2012
Author: K.Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
MONDAY, THE 18TH DAY OF FEBRUARY 2013/29TH MAGHA 1934
WP(C).No. 3591 of 2013 (Y)
--------------------------
PETITIONER(S):
----------------------
YAMUNA P.,
W/O S.PRASANTH, PART TIME SWEEPER
ARACKAL SERVICE CO-OPERATIVE BANK, LD.NO.1858, ARACKAL
EDAYAM P.O., PUNALUR, KOLLAM DISTRICT-691 532.
BY ADVS.SRI.P.N.MOHANAN
SMT.I.VINAYAKUMARI
RESPONDENT(S):
----------------------------
1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
PUNALOOR-691 305.
2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
KOLLAM-691 001.
3. ARACKAL SERVICE CO-OPERATIVE BANK LTD.NO.1858,
REPRESENTED BY SECRETARY, ARACKAL, EDAYAM P.O.
PUNALUR, KOLLAM DISTRICT-691 532.
BY GOVERNMENT PLEADER ADV. SMT. C.K. SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-02-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NS
WP(C).No. 3591 of 2013 (Y)
APPENDIX
PETITIONER(S) EXHIBITS :
EXHIBIT P1: COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER OF
PUBLIC WORKS DEPARTMENT BUILDING SECTION, ANCHAL.
EXHIBIT P2: COPY OF THE POST SANCTION ORDER DATED 03.8.2012 OF THE SECOND
RESPONDENT.
EXHIBIT P3: COPY OF THE RELEVANT PAGES OF THE S.R.O.NO.40/2013 DATED 19.1.2013.
EXHIBIT P4: COPY OF THE RESOLUTION DATED 11.2.2012 ALONG WITH COVERING
LETTER DATED 15.2.2012.
EXHIBIT P5: COPY OF THE FEEDER CATEGORY SUB RULES DATED 01.12.2012 SENT TO
THE JOINT REGISTRAR THROUGH THE ASSISTANT REGISTRAR.
EXHIBIT P6: COPY OF THE ORDER DATED 08.1.2013 OF THE FIRST RESPONDENT.
EXHIBIT P7: COPY OF THE REQUEST DATED 06.7.2012 OF THE PETITIONER.
RESPONDENT(S) EXHIBITS : NIL
/ TRUE COPY /
NS P.A. TO JUDGE
K.SURENDRA MOHAN, J.
--------------------------------------------------
W.P.(C.)No.3591 Of 2013
--------------------------------------------------
DATED THIS THE 18th DAY OF FEBRUARY, 2013
JUDGMENT
The prayer of the petitioner is for inclusion of the post of Part Time Sweeper in the feeder category for promotion to the higher post. As per Exhibit P6, the request of the Society as per Exhibit P5, has been declined to be considered, for the reason that the competent staff pattern of the Society does not include the post of Part Time Sweeper. But as per Exhibit P3 , the Government has included the post of Part Time Sweeper by amending the relevant Rules. Since the objection contained in Exhibit P6 is no longer subsisting in view of Exhibit P3 amendment, the learned counsel for the petitioner seeks the issue of a direction to the 1st respondent to forward Exhibit P5 to the 2nd respondent for consideration.
2. I have heard the learned Government Pleader also.
3. Since the post of Part Time Sweeper has been included in the staff pattern of the Society by Exhibit P3 amendment, there is absolutely no impediment now in considering Exhibit P5. WPC.No.3591/13 -2-
In view of the above, this Writ Petition is disposed of directing the 1st respondent to forward Exhibit P5 to the 2nd respondent for consideration as expeditiously as possible and at any rate, within a period of two weeks of the date of receipt of a copy of this judgment. The 2nd respondent shall, on receipt of Exhibit P5, consider the same in accordance with law and pass appropriate orders thereon as expeditiously as possible and at any rate within a period of one month of receipt of the same from the 1st respondent.
Sd/- (K.SURENDRA MOHAN) JUDGE.
dsn