Kerala High Court
Beneesh.P.A vs State Of Kerala on 3 December, 2020
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 03RD DAY OF DECEMBER 2020 / 12TH AGRAHAYANA, 1942
WP(C).No.4865 OF 2019(G)
PETITIONERS:
1 BENEESH.P.A.,
AGED 39 YEARS,
S/O. AYYAPPAN PILLAI, RESIDING AT PALAPPILLIL HOUSE,
MADATHIKANDAM, MUTHALAKODAM P.O, THODUPUZHA,
IDUKKI-685605.
2 GIRIJA DEVI.S.,
S/O. N.RAMACHANDRAN NAIR, AGED 44 YEARS,
RESIDING AT GEETHA BHAVANAM, YAZHUWADY,
THAZHAKKARA P.O, MAVELIKKARA, ALAPPUZHA-690102.
3 NIHIL M.S,
AGED 35 YEARS,
S/O. SUDHAKARAN M.K. , RESIDING AT MADAMBIKATTIL
HOUSE, GURUDEVA LANE, KOORKENCHERRY, THRISSUR-680007.
4 BIJU V.S,
AGED 43 YEARS,
S/O. VASUDEVAN N.,RESIDING AT V.S. BUILDING,
PARAMESWARAM, CHEMPOOR MUDAKKAL, ELAMBA-MUDAKKAL,
AVANAVANCHERRY, THIRUVANANTHAPURAM-695103.
5 BIJU LEVY,
AGED 42 YEARS,
S/O. V.S LEVY, RESIDING AT VELLAPLACKAL NOOVAMTHODE
P.O, KOZHIKODE-673586.
6 SANTHINI P.V,
AGED 35 YEARS,
W/O. PRASOON T, RESIDING AT THARAMMAL HOUSE, USHAS,
KOOTHOORTHAZHAM, WEST HILL P.O, WEST HILL, KOZHIKODE-
673005.
7 PRASITHA K.S,
AGED 32 YEARS,
D/O. SIVAPRASAD K.A, RESIDING AT KOORAPPILLIL HOUSE,
NSS ROAD, MARKET P.O, VELLOORKKUNNAM, MOOVATTUPUZHA,
ERNAKULAM-686661.
WP(C).No.4865 OF 2019 -2-
BY ADVS.
SRI.G.SIVASANKAR
SRI.A.JANI(KOLLAM)
SRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF CO-OPERATION,
GOVERNMENT SECRETARIAT, THIRUVANTNTHAPURAM-695001.
2 REGISTRAR OF CO-OPERATIVE SOCIETIES,
O/O. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
BEHIND GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM-695001.
3 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, THULASI HILLS PATTOM
PALACE P.O, THIRUVANANTHAPURAM-695004.
4 THE MANAGING DIRECTOR,
THE KERALA STATE CO-OPERATIVE BANK LTD,
CO-BANK TOWERS, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM-695033.
5 THE MANAGING DIRECTOR,
THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD, STATUE,
THIRUVANANTHAPURAM-695001.
6 THE MANAGING DIRECTOR,
THE KERALA STATE FEDERATION OF SCHEDULED
CASTES/SCHEDULED TRIBES DEVELOPMENT CO-OPERATIVE
LIMITED, PEROORKADA, THIRUVANANTHAPURAM-695005.
7 THE MANAGING DIRECTOR,
THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION
LTD NO.4330, JUDGES AVENUE, KALOOR, ERNAKULAM-
682017.
WP(C).No.4865 OF 2019 -3-
8 THE MANAGING DIRECTOR,
THE KERALA CO-OPERATIVE MILD MARKETING FEDERATION
LTD, MILMA BHAVAN, PATTOM PALACE P.O,
THIRUVANANTHAPURAM-695004.
9 THE MANAGING DIRECTOR,
THE KERALA STATE CO-OPERATIVE MARKETING FEDERATION
LTD, GANDHI NAGAR, ERNAKULAM-682020.
10 THE MANAGING DIRECTOR,
THE KERALA STATE CO-OPERATIVE RUBBER MARKETING
FEDERATION LTD, GANDHI NAGAR, ERNAKULAM-682020.
11 THE MANAGING DIRECTOR,
THE KERALA KERA KARSHAKA SAHAKARANA FEDERATION LTD
NO.4370(KERAFED), WATER WORKS COMPOUND,
VELLAYAMBALAM, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM-695033.
12 THE MANAGING DIRECTOR,
THE KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD, (MATSYAFED),
KAMALESWARAM, MANACAUD P.O, THIRUVANANTHAPURAM-
695009.
13 THE MANAGING DIRECTOR,
THE KERALA STATE CO-OPERATIVE CONSUMER FEDERATION
LTD, GANDHI NAGAR, ERNAKULAM-682020.
14 THE MANAGING DIRECTOR,
THE KERALA STATE CASHEW WORKERS APEX INDUSTRIAL CO-
OPERATIVE SOCIETY LTD (IND(ST) 12, MUNDAKKAL WEST,
KOLLAM-691001.
15 THE MANAGING DIRECTOR,
THE MANAGING DIRECTOR,THE KERALA STATE HANDLOOM
WEAVERSS CO-OPERATIVE SOCIETIES LTD
NO.H.232,OOTTUKUZHI, THIRUVANATHAPURAM-695001.
16 THE GANERAL MANAGER,
THE KERALA STATE HANDICRAFT APEX CO-OPERATIVE
SOCIETY LTD, H.231, MANNANCHERIL BUILDING,
KANNANTHODATH LANE,ERNAKULAM-682016.
17 THE GENERAL MANAGER,
THE KERALA STATE CO-OPERATIVE COIR MARKETING
WP(C).No.4865 OF 2019 -4-
FEDERATION LTD, ALAPPUZHA-688012.
18 THE GENERAL MANAGER,
THE KERALA STATE CO-OPERATIVE TEXTILE FEDERATION
LTD. IND MT(ST) (TEXFED) VAZHANI, TRICHUR-680589.
19 THE GENERAL MANAGER,
THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK
LTD, NO.4312 PAZHAVANGADI, THIRUVANANTHAPURAM-
695023.
20 THE GENERAL MANAGER,
KOLLAM DISTRICT CO-OPERATIVE BANK LTD NO.4311,
KOLLAM-691001.
21 THE GENERAL MANAGER,
THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD
NO,4365, NEAR KSRTC, MYLAPRA ROAD, PATHANAMTHITTA-
689645.
22 THE GENERAL MANAGER,
THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD NO,
4310, OPP, MUNICIPAL TOWN HALL, CHUNGAM, ALAPPUZHA-
688011.
23 THE GENERAL MANAGER,
KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD NO.4309,
KUMMANAM, THAZHATHANGADI, KOTTAYAM-686001.
24 THE GENERAL MANAGER,
IDUKKI DISTRICT CO-OPERATIVE BANK LTD NO.4334,
IDUKKI COLONY P.O, 685602.
25 THE GENERAL MANAGER,
ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD NO, 4325,
KAKKANAD, ERNAKULAM-682030.
26 THE GENERAL MANAGER,
THRISSUR DISTRICT CO-OPERATIVE BANK LTD NO.60,
KOVILAKATHUPADAM, THIRUVAMPADI, THRISSUR-680022.
27 THE GENERAL MANAGER,
PALAKKAD DISTRICT CO-OPERATIVE BANK LTD NO, 521,
P.D.C.BANK BUILDING, 2ND AND 3RD FLOOR, H.P.O. ROAD
PALAKKAD-678001.
WP(C).No.4865 OF 2019 -5-
28 THE GENERAL MANAGER,
MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD NO.4329,
HEAD OFFICE, UPHILL, MALAPPURAM-676505.
29 THE GENERAL MANAGER,
KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD NO.F1635,
HEAD OFFICE, KALLAI ROAD P.O, KOZHIKODE-673002.
30 THE GENERAL MANAGER,
WAYANAD DISTRICT CO-OPERATIVE BANK LTD NO.4357,
SILVER HILLS, MADIYUR, KALPETTA-673122,
31 THE GENERAL MANAGER,
KANNUR DISTRICT CO-OPERATIVE BANK LTD NO.C.266, 1ST
FLOOR, HEAD POST OFFICE BUILDING, KANNUR-670001.
32 THE GENERAL MANAGER,
KASARAGOD DISTRICT CO-OPERATIVE BANK LTD NO.4367,
NAYAK'S ROAD, KASARAGOD-671121.
R1-2 BY GOVERNMENT PLEADER
R5 BY ADV. SRI.M.SASINDRAN
R5 BY ADV. SMT.NISHA GEORGE
R7 BY ADV. SRI.BINU MATHEW
R7 BY ADV. KUM.T.M.KRISHNA PRIYA
R8 BY ADV. SMT.LATHA ANAND
R9 BY ADV. SRI.B.ASHOK SHENOY
R9 BY ADV. SRI.K.V.GEORGE
R9 BY ADV. SRI.P.N.RAJAGOPALAN NAIR
R9 BY ADV. SRI.P.S.GIREESH
R9 BY ADV. SRI.RIYAL DEVASSY
R10 BY ADV. SRI.JAGAN ABRAHAM M.GEORGE
R10 BY ADV. SRI.JAISON ANTONY
R10 BY ADV. SRI.SEMEER M
R10 BY ADV. SHRI.SEBASTIAN MATHEW
R10 BY ADV. SHRI.PRADEEP MATHEW
R11 BY ADV. SRI.MANU GOVIND
R12, R21 BY ADV. SRI.T.P.PRADEEP
R13 BY SRI.M.SASINDRAN, SC, CONSUMERFED
R14 BY ADV. SRI.M.K.CHANDRA MOHANDAS
R15 BY ADV. SRI.N.RAGHURAJ
R18 BY ADV. SRI.P.U.SHAILAJAN
R19 BY SRI.THOMAS ABRAHAM SC THIRUVANANTHAPURAM
DIST. CO.OP BANK
R27 BY SRI.M.SASINDRAN, SC, PALAKKAD
DIST.CO.OP.BANK
WP(C).No.4865 OF 2019 -6-
R31 BY SRI.M.SASINDRAN, SC, KANNUR DISTRICT CO.OP.
BANK
R32 BY SRI.M.SASINDRAN, SC, KASARAGOD DISTRICT CO-
OPERATIVE BANK LIMITED
OTHER PRESENT:
GP SRI B HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4865 OF 2019 -7-
JUDGMENT
Dated this the 3rd day of December 2020 Petitioners seven in number through instant writ petition sought indulgence of this Court for the following reliefs:
"To issue a writ of mandamus to direct Respondents to report the actual number of existing and anticipated vacancies in the post of Assistant Manager (F&A) under the Apex Societies of Co-operative Sector as expeditiously as possible.
ii. Such other orders this Honourable Court deems fit and proper in the circumstances of the case."
2. In support of the aforementioned prayer it is averred that they had applied for the post of Assistant Manager (F&A) in the Apex Societies of Co-operative Sector in Kerala, comprising of twenty nine (29) institutions, arrayed as respondent Nos.4 to 32, in response to the notification dated 28.09.2011 Ext.P1 in Category No.302/2011. As per the rank list Ext.P2 dated WP(C).No.4865 OF 2019 -8- 6.12.2016 they were placed as Rank Nos. 3, 4, 11, 12, 14, 15 & 17. The notification Ext.P1 reflected that the life time of the rank list would be for minimum period of one year and a maximum period of three years since there are available posts in the office of respondent No.5 i.e. more than the number of the petitioners which have not been reported to the Kerala Public Service Commission. It is in that background the present writ petition has been filed.
3. Mr.Kaleeswaram Raj along with Mr.Varun C.Raj on behalf of the petitioners submitted that the Apex Co- operative Societies are supposed to report to the Kerala Public Service Commission regarding availability of the posts otherwise the rank list having an extension for a period of three years would expire and the petitioners would have to undergo fresh selection. There are 58 posts of Assistant Manager under the 5th respondent and only 42 posts are filled and during the pendency of the writ petition, more posts may have been filled up. On perusal of Ext.P10 dated 20.10.2020 first six persons working as WP(C).No.4865 OF 2019 -9- Assistant Managers had, provisionally, been promoted as Deputy Managers. So there are more vacancies than the number of petitioners and in case the number of vacancies are reported to the Kerala Public Service Commission the question of expiry of the rank list would not arise. It would be a question of debate at an appropriate time and stage in case any necessity arises.
4. On the other hand, Mr.Navaneeth Krishnan, learned counsel appearing on behalf of the 5th respondent submits that it has separate set of Rules accepted by the Government of Kerala and there is no such post of Assistant Manager (F&A) and attention of this Court was drawn to Annexure R5(a), the Recruitment Rules of Kerala State Co-operative Agricultural and Rural Development Bank Ltd., consisting the categories of Assistant Manager/PA to MD and Assistant Manager (Fair Copy). The Assistant Manager is appointed either by way of promotion from the post of Graduate Assistants or in case of non availability of the incumbents/qualified WP(C).No.4865 OF 2019 -10- persons for direct recruitment by specifying the qualifications of Master's Degree of a recognized University with not less than 50% marks and H.D.C/J.D.C or any Bachelors Degree from a recognized University with not less than 60% marks and H.D.C/J.D.C or B.Sc (Co- operation and Banking) of Kerala Agricultural University. In the absence of any such post of Assistant Manager (F & A), it would be a futile exercise for this Court to issue direction as sought for and urges this Court for dismissal of the writ petition.
5. In rebuttal, Mr.Kaleeswaram Raj relies upon the contents of averments made in I.A. No.1 of 2020 where indulgence of this Court has been sought for issuing directions to the respondents to notify the qualifications of Assistants which will be equivalent to the one as being held by the petitioners. But no such information has been prescribed and therefore it is presumed that the Court should draw adverse interference.
6. I have heard learned counsel for the parties and WP(C).No.4865 OF 2019 -11- appraised the paper books and am of the view that there is no force or merit in the submissions.
7. The factum that the petitioners had applied in pursuance to the notification Ext.P1, stood in the rank list dated 06.12.2017 at various serial numbers and its expiry on 05.12.2020, are not in dispute. On perusal of the rules Annexure R5(a) there are two posts of Assistant Managers in Catagory Nos.6 & 10 i.e., Assistant Manager/PA to MD and Assistant Manager (Fair Copy) but not of Assistant Manager (F&A). The aforementioned Rules concededly had been approved by the Kerala Government. In case this Court intends to accept the plea, it would not help the petitioners as the 5th respondent have a different set of Rules and by issuing directions to 5th respondent to notify number of vacancies to the KPSC for the post of Assistant Manager (F&A) would also not serve any purpose. This Court cannot conduct a roving enquiry as per the prayer in I.A.No.1/2020 for it was incumbent for the petitioner to obtain information under the relevant provisions of the WP(C).No.4865 OF 2019 -12- Act to substantiate the submission with regard to the equivalents of the qualifications being held by the Assistants vis-a-vis the petitioners. The vacancy owing to the promotion of first to six persons in Annexure R5(a) would also not help the petitioners in view of what has been observed. For the details aforementioned, I do not find any force and substance in the arguments of the writ petition.
8. This writ petition is accordingly dismissed. As far as the order dated 9.12.2019 with regard to the notifying of 39 vacancies, it will be open to the institution to notify the KPSC and KPSC may notify the selection process in accordance with law. But it would not entail into granting of any right to the petitioners as the rank list would expire on 05.12.2017 and no such indulgence or relief can be granted in view of the judgment of Honourable Division Bench of this Court in Public Service Commission Vs. Govindan (2000 KLT
33). However it will not bar the petitioners from WP(C).No.4865 OF 2019 -13- consideration in case they fulfil the qualifications and the prevailing rules of the other Universities in terms of notifications of the vacancies to the KPSC.
Sd/-
AMIT RAWAL JUDGE vv WP(C).No.4865 OF 2019 -14- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE NOTIFICATION DATED 28-09-2011IN CATEGORY NO.302/2011 ISSUED BY THE PUBLIC SERVICE COMMISSION.
EXHIBIT P2 THE TRUE COPY OF THE RANK LIST PUBLISHED BY THE PSC BEARING NO.1142/17/SS VI DATED 6-12-2017 IN CATEGORY NO.302/2011.
EXHIBIT P3 TRUE COPY OF THE ADVICE CHART AS ON 31-01-2019.
EXHIBIT P4 THE TRUE COPY OF THE APPOINTMENT CHART DATED 24-04-2018.
EXHIBIT P5 THE TRUE COPY OF THE APPOINTMENT CHART DATED 14-08-2018.
EXHIBIT P6 THE RELEVANT PAGES OF KERALA CO-
OPERATIVE SOCIETIES (AMENDMENT) ACT, 1995(1).
EXHIBIT P7 THE TRUE COPY OF THE REPLY RECEIVED UNDER RTI ACT DATED 1-4-2017.
EXHIBIT P8 THE TRUE COPY OF THE LETTER NO.EM(4) 8437/2018 DATED 27-08-2018.
EXHIBIT P9 THE TRUE COPY OF CIRCULAR NO.34/18 DATED 22-06-2018.
EXHIBIT P10 TRUE COPY OF THE LETTER NO EN(4)4067/20 DATED 20.10.2020 ALONG WITH THE DETAILS OF THE ASSISTANT MANAGE (F&A) THE 5TH RESPONDENT APEX CO-OPERATIVE SOCIETY WP(C).No.4865 OF 2019 -15- RESPONDENT'S/S EXHIBITS:
ANNEXURE R5(a) TRUE COPY OF THE RELEVANT PORTION OF THE RECRUITMENT RULES FOR THE 5TH RESPONDENT EXHIBIT R7(A) THE TRUE COPY OF THE PSC RECRUITMENT RULES DATED 30-12-1998.
EXHIBIT R7(B) THE TRUE COPY OF THE DETAILS OF THE SANCTIONED POSTS OF THE FEDERATION DATED 25-01-1999.
EXHIBIT R7(C) THE TRUE COPY OF THE APPROVED RULES AS PER THE DIRECTOR BOARD MEETING DATED 10-12-1999.