IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 14819 of 2008(L) -------------------------- PETITIONER: PETITIONERS ----------------------- 1. P.V.BEENA,W/O.P.V.RAJESH, AGED 31 YEARS,JUNIOR CLERK, PALAKKAD SERVICE CO-OPERATIVE BANK LTD., RESIDING AT RAJESH VIHAR, PUTHOOR,PALAKKAD. 2. SHAMJO.T.C.,S/O.CHENTHAMARAKSHAN, AGED 31 YEARS,JUNIOR CLERK, PALAKKAD SERVICE CO-OPERATIVE BANK LTD. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: RESPONDENTS ------------------------ 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,PALAKKAD. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,PALAKKAD. 3. THE PALAKKAD SERVICE CO-OPERATIVE BANK LTD.NO.F 1200, G.B.ROAD,PALAKKAD. BY ADV. SRI.N.K.SUBRAMANIAN FOR R3 SRI.S.ANANTHAKRISHNAN FOR R3 BY GOVERNMENT PLEADER MR.P.K.RAVI KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO. 14819 OF 2008(L) ---------------------------------------------------------------- Dated this the 13th day of June, 2008 J U D G M E N T Petitioners who were peons in the third respondent bank were promoted as clerks. A few years thereafter, one Sheik Musthafa filed a complaint that the promotions of the petitioners as clerks are before completion of three years of service and hence, in violation of a circular issued by the Registrar. An enquiry was conducted through Assistant Registrar and on the basis of the enquiry report, Registrar had issued a notice requiring the bank to demote the petitioners back as peons, cancelling the promotions given to them and also to recover the excess drawn salary as clerks. The petitioners were not heard before taking such a decision affecting their service. Even on that ground the impugned decision has to go. Not only that, the third respondent bank had demonstrated the reason why the promotions had to be made in the interest of the institution. The Joint Registrar has W.P.(C) No.14819/2008 - 2 - not found against that plea on the matter, on its merits. On that ground also, the impugned order, in so far as it is against the petitioners, is irrational and arbitrary. In the result, the writ petition is allowed quashing the impugned order. All necessary consequences shall follow. No costs. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/16/6/08