IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8634 of 2010(D) ------------------------------------- PETITIONER: ------------------- SARITHAMOL P.S.,W/O.SHAJI., CHENGANATTU HOUSE, MANJAPRA P.O.,ANGAMALY, ERNAKULAM-683 581. (NOW WORKING AS SECRETARY IN THAVALAPARA KSHEERA ULPADAK CO-OPERATIVE SOCIETY LTD.,) BY ADV. MR.DINESH MATHEW J.MURICKEN. RESPONDENTS: ------------------------ 1. KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM,REP.BY ITS CHAIRMAN. 2. THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE,ERNAKULAM. 4. THE DEPUTY DIRECTOR, DIARY DEVELOPMENT DEPARTMENT, CIVIL STATION, KAKKANAD,ERNAKULAM. 5. MANJAPRA KSHEEROLPADAKA CO-OPERATIVE LTD, NO.E-130(D) APCOS, MANJAPRA P.O.-683 581, ERNAKULAM DISTRICT,REP.BY ITS SECRETARY. R1 TO R3 BY MR. ALEXANDER THOMAS, SC, KPSC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.8634 of 2010 ------------------------------------------- Dated this the 16th day of March, 2010 JUDGMENT The petitioner is an employee of the Thavalappara Ksheera Ulpadaka Co-operative Society Ltd. She was appointed as an employee of the 5th respondent Society by Ext.P1 and she joined service on 20.1.2000. While working under the 5th respondent, she was transferred to the Thavalappara Branch of the first respondent society. Subsequently, Thavalappara branch of the 5th respondent converted into an independent society. The petitioner was assigned to the newly formed Thavalappara Ksheerolpadaka Co-operative Society Ltd. No.304(D) by the 5th respondent, retaining her lien under Rule 187 of the Kerala Co-operative Societies Rules. 2. The petitioner applied for the post of Cashier/Clerk in the Ernakulam District Co-operative Bank (Category No.21/2006), pursuant to a notification issued by the first respondent on 24.4.2006. The petitioner was included in the initial probability list of candidates wpc No.8634/2010 2 prepared for selection to the said post. She was directed to produce her certificates for verification. On verification of her certificates, it was found that the Society in whose service the petitioner was presently employed was not an affiliated society of the Ernakulam District Co-operative Bank. Therefore, her application has been rejected by Ext.P6. 3. The petitioner challenges the rejection of her application contending that she is entitled to the benefit of the 50% quota that is reserved under Rule 187 for employees of member societies of the respective apex Societies or Central Societies. She claims that she is a person who has a minimum service of three years as contemplated by the said rule. Since the petitioner was transferred to the Thavalappara Ksheerolpadaka Co- operative Society Ltd. retaining her lien in the 5th respondent Society, she claims that she is an employee of the affiliated society, viz. the 5th respondent. 4. I have heard the counsel for the petitioner as well as Sri.Alexander Thomas who appears for the Kerala Public Service Commission. I have anxiously considered wpc No.8634/2010 3 the rival contentions of the parties. 5. The contentions of the petitioner are resisted by the counsel who appears for the first respondent Public Service Commission. According to the counsel, in order to avail the benefits of the reservation under Rule-187 of the Co-operative Societies Rules, a candidate has to be an employee of a member society not only at the time of submitting the application but also at the time of appointment. It is pointed out that the last date for submission of applications as per the notification issued by the first respondent was 24.5.2006. The petitioner had ceased to be an employee of the 5th respondent society in 2003 itself. Since the petitioner was not an employee of the 5th respondent bank at the time of submitting her application, it is contended that she is not eligible for the benefits of the 50% reservation that is contemplated by Rule 187. 6. Rule 187 reads as follows: “Vacancies in Apex Society or Central Societies. - Notwithstanding anything contained in rule 186, in appointments to apex societies or central societies, 50% of the vacancies shall be reserved to the employees of wpc No.8634/2010 4 the member societies, of the respective apex society or central society as the case may be, having a minimum regular service of 3 years in any of the cadre and having the required qualification for the notified posts in the apex society or central society.” A reading of the above provision makes it clear that the benefits of the reservation contemplated by the rule is available only to 'employees of the member society of the respective apex society or central society' as the case may be. Admittedly, the petitioner is not an employee of the 5th respondent society. Though the counsel for the petitioner relies on Ext.P5, service certificate as well as Ext.P3(a) issued by the 5th respondent society to contend that the petitioner is still entitled to be considered as an employee of the 5th respondent society, it has to be noted that Ext.P3 (a) and Ext.P5 are not sufficient to meet the requirements of Rule 187. The petitioner, not being an employee of the 5th respondent cannot be considered to be eligible for the reservation contemplated by Rule 187, even if it is assumed that she has retained her lien in respect of the service of the 5th respondent. Rule 187 does not contemplate any reservation in respect of persons who are wpc No.8634/2010 5 holding lien over the posts in the service of the member societies. It is also not right to extend the benefits of Rule 187 to persons holding such lien. In view of the above, the contention of the petitioner has to fail. This writ petition is accordingly dismissed without any order as to costs. K.SURENDRA MOHAN, JUDGE css/