IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 WA.No. 556 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2879/2011 Dated 05/04/2011 .................... APPELLANT(S): PETITIONERS ------------------------- 1. JOSEPH MATHEW, AGED 47 YEARS, S/O. JOSEPH, MANIKOMBIL, KANJIRAPPALLY P.O., KOTTAYAM DISTRICT. 2. PRESANAN N.V., AGED 53 YEARS, S/O. VELAYUDHAN, NAIKARI HOUSE, ARPOOKKARA VILLAGE, VILLOONNI P.O., KOTTAYAM. 3. M.M.SURENDRAN, AGED 44 YEARS, S/O. MADHAVAN, MANKKACHIRAYIL, VADAYAR P.O., VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.K.REGHU KOTTAPPURAM RESPONDENT(S): RESPONDENTS -------------------------- 1. THE DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY THE GENERAL MANAGER, KOTTAYAM, PIN - 686 001. 2. THE BOARD OF DIRECTORS, REPRESENTED BY THE PRESIDENT, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM, PIN - 686 001. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM, PIN - 686 001. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA STATE, THIRUVANANTHAPURAM, PIN - 695 001. W.A.NO.556/2011 5. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, DISTRICT OFFICE, KOTTAYAM, PIN - 686 001. 6. BIBIN, LIFT OPERATOR, HEAD OFFICE, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM, PIN - 686 001. 7. GEETHA, PEON, KURUPPANTHARA BRANCH, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM, PIN - 686 603. 8. FYSAL, PEON, KANJIRAPPALLI BRANCH, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM, PIN - 686 507. 9. M.RAJESH, PEON, VAIKOM BRANCH, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM, PIN - 686 141. 10. THANKAMANI, PEON, THALAYOLAPARAMBU BRANCH, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM, PIN - 686 605. 11. RAJESH MURALI, TELEPHONE OPERATOR, HEAD OFFICE, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM, PIN - 686 001. BY MR.T.A.SHAJI, SC, DIST.CO-OP. BANK, KOTTAYAM. MR.P.C.SASIDHARAN, SC KPSC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC & P.Q.BARKATH ALI, JJ. ---------------------------------- W.A. No.556 of 2011 --------------------------------- Dated, this the 6th day of May, 2011 J U D G M E N T Antony Dominic, J. The appellants are the unsuccessful writ petitioners. The Writ Petition was filed on the allegation that respondents 6 to 11 do not have the qualification of 3 years' service in the feeder category and therefore, they are ineligible to be promoted to the category of Clerk/Cashier in the 1st respondent Bank. The learned Single judge by the impugned judgment dismissed the Writ Petition on the ground that remedy available to the petitioners is under Section 69 (1) & (2) of the Kerala Co-operative Societies Act. As already noticed, the petitioners have raised a dispute regarding the eligibility of the party respondents to be considered for promotion. This is a matter which is squarely covered by subsections (1) & (2) of Section 69 of the Kerala Co-operative Societies Act. Such a conclusion of the learned Single Judge is unassailable. Therefore, we see no reason to interfere with the W.A.No.556/2011 -2- judgment under appeal. The Writ Appeal fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) (P.Q.BARKATH ALI, JUDGE) jg