IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 23739 of 2011(N) -------------------------- PETITIONER(S): --------------- GOPAKUMAR P, S/O. PARAMESWARAN PILLAI AGED 48 YEARS, BRANCH MANAGER, KOLLAM DISTRICT CO-OPERATIVE BANK, ACHALUMMOOD BRANCH, KOLLAM DISTRICT 691 601, RESIDING AT KIZHAKKEVILA, KUREEEPUZHA, KAVANAD PO, KOLLAM 691 003. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): --------------- 1. THE KOLLAM DISTRICT CO-OPERATIVE BANK REPRESENTED BY ITS GENERAL MANAGER KOLLAM 691 001. 2. THE PRESIDENT KOLLAM DISTRICT CO-OPERATIVE BANK KOLLAM 691 001. ADV. SMT.AYSHA YOUSEFF,SC,KOLLAM DISTRICT CO FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 23739/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE SENIORITY LIST PUBLISHED BY THE 1ST RESPONDENT AS ON 8.7.2011 EXT.P2 : COPY OF THE APPLICATION DATED 27.7.2001 UNDER RTI ACT SUBMITTED BY THE PETITIONER BEFORE THE INFORMATION OFFICER UNDER THE 1ST RESPONDENT AND ITS REPLY DATED 20.8.2011 EXT.P3 : COPY OF THE REPRESENTATION DATED 23.6.2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 & 2 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 23739 OF 2011 -------------------------- Dated this the 1st day of September, 2011 J U D G M E N T The petitioner who is presently working as Branch Manager of Kollam District Co-operative Bank has filed this writ petition for an order directing the respondents to consider Ext.P3 representation and pass orders thereon by granting him promotion as Senior Branch Manager with effect from 31.12.2010. It is contended that about 7 vacancies of Senior Branch Manager are in existence, that as he has been selected for appointment as General Manager in Wayanad District Co-operative Bank he will have to be relieved from the Kollam District Co-operative Bank on 31.8.2011 to take up that employment and that if he gets promotion, he will be eligible to draw two increments which will be protected when he joins service at Wayanad District Co-operative Bank. It is raising these grounds that the petitioner has submitted Ext.P3 representation dated 23.6.2011 to the President of the Kollam District Co-operative bank with a copy to the General Manager of the Kollam District Co-operative bank . 2. From a reading of the writ petition and contents of Ext.P3, it is evident that what the petitioner claims is promotion to the category of Senior Branch Manager which according to him was denied to him notwithstanding the existence of vacancies. It is a dispute which on WPC No.23739/2011 2 the terms of section 69 of the Kerala Co-operative Societies Act, can be raised before the Co-operative Arbitration Court. Under section 70 of the Act, the Co-operative Arbitration Court is also empowered to issue interim orders pending resolution of the main dispute. That apart the relief sought is against a co-operative society. As held by a Full Bench of this Court in P.Bhaskaran v. Additional Secretary (1987 (2) KLT 903 F.B.) no writ will lie against a co-operative society. Even assuming that a writ of mandamus will lie against any authority to discharge a public or statutory duty cast on it, the petitioner has not been able to point out any public or statutory on the respondents to promote him to the post of Senior Branch Manager. I therefore decline jurisdiction and dismiss the writ petition leaving open the petitioner’s contentions and reserving liberty with him to move the Co-operative Arbitration Court seeking redressal of his grievances. P.N.RAVINDRAN, (JUDGE) vps