IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 22401 of 2009(U) PETITIONER(S): 1. PRATHEESH VAMAN, (FULL TIME CONTINGENT EMPLOYEE), HEAD OFFICE P & E, THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 2. M.SITHEEK, (FULL TIME CONTINGENT EMPLOYEE), IT HEAD OFFICE, THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 3. S.BIJU (FULL TIME CONTINGENT EMPLOYEE), HEAD OFFICE BRANCH, THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 4. D.UDAYAKUMAR, (FULL TIME CONTINGENT EMPLOYEE), HEAD OFFICE, (BOARD SECRETARIAT), THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 5. SHEEBA P., (FULL TIME CONTINGENT EMPLOYEE), HEAD OFFICE BRANCH, THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 6. LAKSHMI S.NAIR, (FULL TIME CONTINGENT EMPLOYEE), HEAD OFFICE BRANCH, THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 7. RAKHI U.S., (FULL TIME CONTINGENT EMPLOYEE), MEDICAL COLLEGE BRANCH, THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 8. SABEELA BEEVI, (FULL TIME CONTINGENT EMPLOYEE), P&E, HEAD OFFICE, THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 9. K.S.SUDHEER, (FULL TIME CONTINGENT EMPLOYEE), OVERBRIDGE BRANCH, THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 10. P.S.KRISHNALAL, (FULL TIME CONTINGENT EMPLOYEE), P&E, HEAD OFFICE, THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 11. S.MANOJ(FULL TIME CONTINGENT EMPLOYEE), OVERBRIDGE BRANCH, THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 12. DEEPU T.S., (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), OVERBRIDGE BRANCH, THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 13. KIRAN DEV R.S., (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), CRM HEAD OFFICE, THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 14. UPENDRA PRASAD V.S., (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), HEAD OFFICE P & E,THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 15. PRAMOD R., (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), HEAD OFFICE,PDD,THE KERALA STATE CO-OPERATIVE BANK LIMITED,THIRUVANANTHAPURAM. 16. S.K.SHAJI, (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), HEAD OFFICE P & E,THE KERALA STATE CO-OPERATIVE BANK LIMITED,THIRUVANANTHAPURAM. 17. RAJESH L.R., (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), HEAD OFFICE P & E,THE KERALA STATE CO-OPERATIVE BANK LIMITED,THIRUVANANTHAPURAM. 18. RAKESH K.R., (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), HEAD OFFICE,(BOARD SECRETARIAT),THE KERALA STATE CO-OPERATIVE BANK LIMITED,THIRUVANANTHAPURAM. 19. MOHAMMED SHAFEEK J.R., (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), POOJAPPURA BRANCH,THE KERALA STATE CO-OPERATIVE BANK LIMITED,THIRUVANANTHAPURAM. 20. BABURAJ P.R., (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), HEAD OFFICE P & E,THE KERALA STATE CO-OPERATIVE BANK LIMITED,THIRUVANANTHAPURAM. 21. K.SOMASEKHARAN NAIR, (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), PEROORKADA BRANCH,THE KERALA STATE CO-OPERATIVE BANK LIMITED,THIRUVANANTHAPURAM. 22. STANLEY A.D'CRUZ, (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), KAITHAMUKKU BRANCH,THE KERALA STATE CO-OPERATIVE BANK LIMITED,THIRUVANANTHAPURAM. 23. SUDHEESH KUMAR G., (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), HEAD OFFICE,GUEST ROOM,THE KERALA STATE CO-OPERATIVE BANK LIMITED,THIRUVANANTHAPURAM. 24. RAJASEKHARAN S., (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), OVERBRIDGE BRANCH,THE KERALA STATE CO-OPERATIVE BANK LIMITED,THIRUVANANTHAPURAM. 25. JYOTHISH S., (PART TIME CONTINGENT STAFF (NIGHT WATCHMAN), HEAD OFFICE P & E, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 26. KUMARI USHA L., (PART TIME CONTINGENT STAFF (SWEEPER), STATUE BRANCH, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 27. N.ANITHA KUMARI, (PART TIME CONTINGENT STAFF (SWEEPER), OVERBRIDGE BRANCH, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 28. A.SOBHANA KUMARI, (PART TIME CONTINGENT STAFF (SWEEPER), OVERBRIDGE BRANCH, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 29. SAILAJA KUMARI P., (PART TIME CONTINGENT STAFF (SWEEPER), KARAMANA BRANCH, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 30. RENUKA V.S., (PART TIME CONTINGENT STAFF (SWEEPER),HEAD OFFICE, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 31. MINI V., (PART TIME CONTINGENT STAFF (SWEEPER), PEROORKADA BRANCH, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 32. SURESH S., (PART TIME CONTINGENT STAFF)(SCAVENGER), HEAD OFFICE, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 33. S.HELDAMMA, (PART TIME CONTINGENT STAFF)(SWEEPER), HEAD OFFICE BANKING, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 34. V.GOPALAKRISHNAN (PART TIME CONTINGENT STAFF)(SWEEPER), HEAD OFFICE P & E, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 35. METTLE BAI, (PART TIME CONTINGENT STAFF)(SWEEPER), HEAD OFFICE P & E, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 36. KALA KUMARI P., (PART TIME CONTINGENT STAFF)(SWEEPER), MEDICAL COLLEGE BRANCH, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 37. K.K.BABU, (PART TIME CONTINGENT STAFF)(SWEEPER), HEAD OFFICE P & F, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 38. SHEEJA N., (PART TIME CONTINGENT STAFF)(SWEEPER), VAZHUTHACAUD BRANCH, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. 39. DHANYA U.S., (PART TIME CONTINGENT STAFF)(SWEEPER), VAZHUTHACAUD BRANCH, THE KERALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.P.K.MANOJKUMAR SMT.SUSHYA RAJAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPT., SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA, THIRUVANANTHAPURAM. 3. THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR, CO-BANK TOWERS, VIKHAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033. 4. THE KERALA STATE CO-OPERATIVE BANK EMPLOYEES ORGANIZATION, REPRESENTED BY ITS GENERAL SECRETARY, K.S.E.B. BUILDING, OVERBRIDGE, THIRUVANANTHAPURAM-695 001. ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R3 SRI.GEORGE POONTHOTTAM FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2009, A/W. W.P.C.NO.31784/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W.P.C. NO. 22401/2009. -------------------------------------------------------------------- EXT.P1 TRUE COPY OF APPOINTMENT ORDER DT. 9-2-2008. EXT.P2 ORDER ISSUED BY R3. EXT.P3 ORDER DT. 11-2-2008. EXT.P4 ORDER DT. 20-6-2008. EXT.P5 ORDER DT. 30-4-2009. EXT.P6 RESOLUTION OF THE MEETING HELD ON 30-6-2009. EXT.P7 RECRUITMENT RULES. EXT.P8 LETTER DT. 29-6-2009. EXT.P9 APPEAL MEMORANDUM DT. 3-5-2009. EXT.P10 PETITION DT. 3-5-2009. EXT.P11 GOVT. ORDER DT. 18-7-2009. EXT.P12 ORDER DT. 20-6-2008 RESPONDENTS' EXHIBITS: -------------------------------------- EXT.R3(a) REPORT DT. 18-12-2008. EXT.R3(b) REPORT DT. 13-2-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) Nos. 22401 & 31784 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 24th November, 2009. J U D G M E N T In these two writ petitions, the petitioners are aggrieved by the orders of the Government, whereby their appeals have been rejected on the ground that the same have not been filed within the period of limitation prescribed under Section 83 of the Kerala Co-operative Societies Act. 2. In view of the fact that the petitioners asserted that they have filed the appeals within the period prescribed from the date of receipt of the copy of the order impugned in the appeal, I directed the learned Government Pleader to ascertain the dates when the orders were served on the petitioners and the dates when they filed appeals. The learned Government Pleader today submitted that in W.P(C) No. 22401/2009, the petitioners received the order impugned in the appeal on 6-6-2009. Therefore, the petitioners therein could have filed the appeal only after 6-6-2009. They filed the appeal on 30-6- 2009, which is well within the time stipulated in Section 83 of the Act. 3. In W.P(C) No. 31874/2009, the petitioner was served with the order impugned in the appeal on 5-6-2009 and they filed the appeal on 27-7-2009, which is also within the time stipulated. Therefore, the orders of the Government rejecting their appeals on the ground of limitation are clearly unsustainable. Accordingly, the orders impugned in these two writ petitions are quashed. The Government is directed to re-consider the appeals and pass orders on merits, after hearing the parties concerned, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. If any steps are taken to W.P.C. Nos. 22401 & 31784/09 -: 2 :- implement the orders impugned in the appeal, it would be open to the Government to pass interim order in the matter on the request of the petitioners. The writ petitions are disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.