IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 OP.No. 5535 of 2001(H) --------------------------------- PETITIONERS: --------------------- 1. MANOHARAN PILLAI.S, S/O. SIVARAMA PANICKER, AGED 38 YEARS, CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK, KARUNAGAPPALLY BRANCH (CHERUMKALA HOUSE, KADATHOOR.P.O., THAZHAVA). 2. K. GOPALAKRISHNA PILLAI, AGED 36 YEARS, CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK, MANAPPALLI BRANCH. 3. B. OMANAKUTTAN, S/O. BHASKARA PILLAI, AGED 36 YEARS, CLERK/CASHIER, KOLLAM DISTRICT CO-OPERATIVE BANK, OCHIRA BRANCH. * PETITIONERS DESIGNATION CORRECTED AS JUNIOR ACCOUNTANTS AS PER ORDER DATED 18/01/2002 IN C.M.P. NO. 2967/2002. BY ADV. SRI.M.R.RAJENDRAN NAIR, SRI.M.R.SUDHEENDRAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA, THIRUVANANTHAPURAM. 3. THE KOLLAM DISTRICT CO-OPERATIVE BANK, REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, KOLLAM. 4. SRI. SHARAFUDEEN KUNJU.S, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., PUNALUR BRANCH, PUNALUR, KOLLAM DISTRICT. O.P. NO. 5535/2001-H: 5. SMT. PUSHPAKUMARY AMMA.K, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., SASTHAMCOTTA BRANCH, SASTHAMCOTTA, KOLLAM DISTRICT. 6. SRI. PARTHASARATHY.T.L, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KADAKKAL BRANCH, KADAKKAL, KOLLAM DISTRICT. 7. SRI. K. GOPALAKRISHNAN, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., SASTHAMCOTTA BRANCH, SASTHAMCOTTA, KOLLAM DISTRICT. 8. SMT. Y. SUGANDHI, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOLLAM BRANCH, KOLLAM, KOLLAM DISTRICT. 9. SRI. P. GOPAKUMAR, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., CHAMAKKADA BRANCH, CHAMAKKADA, KOLLAM DISTRICT. 10. SRI. K. VIJAYACHANDRAN, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KOLLAM. 11. SRI. A. SHAJAHAN, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOLLAM BRANCH, KOLLAM, KOLLAM DISTRICT. 12. SRI. R. RAVI, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., THEVALAKKARA BRANCH, THVALAKKARA, KOLLAM DISTRICT. 13. SRI. K. MOHANAN PILLAI, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KULATHUPUZHA, KULATHUPUZHA, KOLLAM DISTRICT. 14. SRI. P. BHUVANENDRAN, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KOLLAM. 15. SRI. P. ALEXANDER, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KOLLAM. O.P. NO. 5535/2001-H: 16. SRI. M. SWAMINADHAN, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KARUNAGAPPALLY, KOLLAM DISTRICT. 17. SRI. P. BHARGAVAN PILLAI, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KANNANALLOOR BRANCH, KANNANALLOOR, KOLLAM DISTRICT. 18. SRI. JAYACHANDRAN.M, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., EZHUKONE BRANCH, EZHUKONE, KOLLAM DISTRICT. 19. SRI. M. BASHEER, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KOLLAM. 20. SMT. LEELA.P, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., NEDIYAVILA BRANCH, NEDIYAVILA, KOLLAM. 21. SRI. R. SHAJI, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KOLLAM DISTRICT. **22. SRI. MANOHARAN PILLAI.S., JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KARUNAGAPPALLY, KARUNAGAPPALLY, KOLLAM DISTRICT. 23. SMT. GEETHA.G.L, JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., PUNALUR BRANCH, PUNALUR, KOLLAM DISTRICT. 24. SMT. GEETHA.R., JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., PUNALUR BRANCH, PUNALUR, KOLLAM DISTRICT. **25. SRI. GOPALAKRISHNA PILLAI.K., JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., MANAPPALLY BRANCH, MANAPPALLY, KOLLAM DISTRICT. 26. SRI. N. MANIYAN PILLAI, SRI. GOPALAKRISHNA PILLAI.K., JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KILIKOLLOOR BRANCH, KILIKOLLOOR, KOLLAM DISTRICT. O.P. NO. 5535/2001-H: 27. SRI. ALEXANDER GONSALVEZ.G, SRI. GOPALAKRISHNA PILLAI.K., JUNIOR ACCOUNTANT, KOLLAM DISTRICT CO-OPERATIVE BANK TD., KOLLAM BRANCH, KOLLAM, KOLLAM DISTRICT. ** RESPONDENTS 22 AND 25 ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 18/01/2001 IN C.M.P. NO. 2968/2002. R1 & R2 BY GOVT. PLEADER SMT. ANU SIVARAMAN, R3 BY ADV. SMT.I.SHEELA DEVI, R6 BY DR.K.P.KYLASANATHA PILLAY, R4, R8 & R11 BY ADV. SRI.K.C.JOSEPH, ADV. SRI.P.SREEKUMAR, ADV. SRI.B.PRABHAT KUMAR, ADV. SMT.SREEDEVI KYLASANATH, ADV. SRI.S.SANTHOSH KUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 9103/2001 IN O.P. NO. 5535/2001-H DISMISSED 22/01/2008. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE NOTIFICATION DTD. 18/06/1989 ISSUED BY THE R.3. EXT.P.2: COPY OF THE CIRCULAR OFFICE MEMORANDUM NO. DP & G (4)/ 183/8889/II/18118 DTD. 28/03/1991 ISSUED BY THE R.3. TO THE PETITIONERS. EXT.P.3: COPY OF THE REPRESENTATION DTD. 19/03/1998 SUBMITTED BY THE P.1. TO THE R.1. EXT.P.4: COPY OF THE ORDER NO. EM (1) 50041/99 DTD. 10/02/2000 ISSUED BYTHE R.2. TO THE PETITIONERS. EXT.P.5: COPY OF THE ORDER G.O. (RT). NO. 13/2001/CO-OP: DTD. 08/01/2001 ISSUED BY THE R.1. TO THE PETITIONERS. EXT.P.6: COPY OF THE ORDER DTD. 17/12/1999 IN C.M.P. NO. 18550/92 IN O.P. NO. 10095/92 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: EXT.R3.A: COPY OF THE CIRCULAR G-6028/86 DTD. 31/05/1986 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES. EXT.R3.B: COPY OF THE APPEAL MEMORANDUM FILED BY THE R.3. BEFORE THE GOVERNMENT. EXT.R3.C: COPY OF THE RELEVANT EXTRACT OF THE RANK LIST PUBLISHED BY THE R.3. EXT.R15.(A): COPY OF THE CIRCULAR NO, G-6028/86 DTD. 31/05/1986. EXT.R15(B): COPY OF THE RESOLUTION NO. 200 DTD. 24/06/1986. //TRUE COPY// prv. Thottathil B. Radhakrishnan, J. ================================== O.P.No.5535 of 2001-H ================================== Dated this the 22nd day of January, 2008. JUDGMENT Petitioners and the fourth respondent onwards competed for selection for appointment as clerk/cashier in the service of the third respondent, a Co-operative Bank in terms of Ext.P1 notification issued by that Bank. In the specific Notes given at the foot of Ext.P1, the notification provides that 50% of the vacancies are ear-marked for employees of member societies and 10% of the vacancies are reserved for applicants belonging to scheduled castes and scheduled tribes. Note 4 of Ext.P1 provides that those applicants who are entitled to reservation on communal basis have to produce appropriate caste certificate as enjoined in that Note. Following the selection, a select list was published. Thereafter, while issuing appointment orders, the third respondent did not OP5535/2001 -:2:- adhere to the select list in as much as the persons placed higher up in the select list were ignored while appointment orders were earlier issued to persons lower in the rank list. That action was sought to be justified by taking the stand that the beneficiaries of such appointment orders were entitled to communal reservation otherwise than the 10% ear-marked for scheduled castes and scheduled tribes. Petitioners moved the Registrar of Co- operative Societies, who accepted their contention and issued Ext.P4 order. However, without notice to the rival candidates, the Government have, as per the impugned order (Ext.P5), reversed the decision of the Registrar by taking the view that no such reservation is permissible. 2. In support of the impugned action, Ext.R15 (a) is pithly put into service. That is a circular dated 31-5-1986, whereby the Registrar addressed the General Managers of different banks, including OP5535/2001 -:3:- the third respondent Bank that it may follow the principle of communal rotation in terms of Rule 14 of the Kerala State and Subordinate Services Rules and may accordingly follow a policy on the model adopted by the Government. It is also pointed out by the learned counsel for the fifteenth respondent that as per Ext.R15(b) resolution, the third respondent had resolved to adopt the procedure indicated in Ext.R15(a). 3. But the fact remains that whatever be the suggestion in Ext.R15(a), even if the same had been accepted by the third respondent by passing Ext.R15 (b) resolution, the same is not reflected in Ext.P1 notification and is beyond the prescriptions therein. Learned counsel for the petitioner, recalling the stand of the Registrar, points out that, following Ext.R15(b) resolution, the third respondent has not obtained any exemption order from the Registrar for relaxation of the rules of OP5535/2001 -:4:- recruitment. Be that as it may, a plain reading of Ext.P1 clearly establishes that the only reservation that was notified, is the mandatory reservation enjoined by Section 80(4) of the Kerala Co-operative Societies Act, 1969, which provides for reservation in pari materia with what is stated in Note 2 of Ext.P1. The suggestion on behalf of some of the contesting respondents that Note 4 of Ext.P1, in fact, relates to another type of reservation and that by itself is a prescription as to reservation, other than that contained in Note 2, a plain reading of Note 4 would clearly show that it only prescribes the document which has to be acted upon to sustain a claim for reservation in terms of Note 2. 4. For the aforesaid reasons, Ext.P5 is quashed and the declaration in Ext.P4 would stand notwithstanding the fact that the private respondents were not heard in connection with that OP5535/2001 -:5:- procedure because, they have been heard by this Court in this writ petition on the merits of the entire case, as well. Writ petition is allowed as prayed for. No costs. Thottathil B.Radhakrishnan, Judge. sl. OP5535/2001 -:6:- Thottathil B. Radhakrishnan, J. ================================== O.P.No.5535 of 2001-H ================================== JUDGMENT Dated:22-1-2008