IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WA.No. 1154 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27491/2005 DATED11/04/2007 .................... APPELLANTS: RESPONDENTS 7 TO 12 & 18: ------------------------------------------------------------------ 1. A.R.VIYAYAN PILLAI, PART TIME SWEEPER (PRESENTLY WORKING AS PEON), KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KULATHOOPUZHA BRANCH, KOLLAM. 2. D.L.AJI, PART TIME SWEEPER, (PRESENTLY WORKING AS PEON), DISTRICT CO-OPERATIVE BANK LTD., KADAKKAL BRANCH, KOLLAM DISTRICT. 3. J.GOPAKUMAR, PART TIME SWEEPER, (PRESENTLY WORKING AS PEON), KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOTTARAKKARA EVENING BRANCH, KOLLAM. 4. JYOTHILAKSHMI, PART TIME SWEEPER, (PRESENTLY WORKING AS PEON), KOLLAM DISTRICT CO-OPERATIVE BANK LTD., AYOOR BRANCH, KOLLAM. 5. V.DEVADATH, PART TIME SWEEPER, (PRESENTLY WORKING AS PEON), KOLLAM DISTRICT CO-OPERATIVE BANK LTD., PARIPPALLY BRANCH, KOLLAM DISTRICT. 6. M.RAJALAKSHMI, PART TIME SWEEPER, (PRESENTLY WORKING AS PEON), KOLLAM DISTRICT CO-OPERATIVE BANK LTD., ANCHALUMMOODU BRANCH, KOLLAM. 7. RAJKUMAR, PART TIME SWEEPER, (PRESENTLY WORKING AS PEON), KOLLAM DISTRICT CO-OPERATIVE BANK LTD., CHAVARA BRANCH, KOLLAM. BY ADV. SRI.N.DHARMADAN (SR.) SMT.D.P.RENU Kss ..2/- ....2.... W.A.NO.1154/2007 RESPONDENTS: PETITIONERS & RESPONDENTS 1-6 & 13 TO 17: ----------------------------------------------------------------------------------------------- 1. T.MADHUSOODANAN, KALEELIL VAYALIL VEEDU, VALATHUNGAL.P.O., ERAVIPURAM, KOLLAM DISTRICT. 2. K.RAJENDRAN PILLAI, EDATHUNGAL PUTHENVEEDU, PERAYAM, MULAVANA.P.O., KOLLAM DISTRICT. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 5. KOLLAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, KOLLAM. 6. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, P.S.C.OFFICE, PATTOM, THIRUVANANTHAPURAM. 7. V.MURALEEDHARAN NAIR, PART TIME SWEEPER, (PRESENTLY WORKING AS PEON), KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KUNNIKODE BRANCH, KOLLAM DISTRICT. 8. SMT. D.SUSEELADEVI, PART TIME SWEEPER,(PRESENTLY WORKING AS PEON), KOLLAM DISTRICT CO-OPERATIVE BANK LTD., CHADAYAMANGALAM BRANCH, KOLLAM DISTRICT. 9. KOCHANIAN PILLAI, PART TIME SWEEPER, (PRESENTLY WORKING AS PEON), KOLLAM DISTRICT CO-OPERATIVE BANK LTD., ANCHALUMMOODU BRANCH, KOLLAM. 10. RAJENDRA PRASAD, PART TIME SWEEPER, (PRESENTLY WORKING AS PEON), KOLLAM DISTRICT CO-OPERATIVE BANK LTD., EZHUCON BRANCH, KOLLAM. Kss ..3/- ...3..... W.A.NO.1154/2007 11. MADHUSOODANAN PILLAI, PART TIME SWEEPER, (PRESENTLY WORKING AS PEON), KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOTTARAKKARA BRACH, KOLLAM. 12. RAVEENDRAN, PART TIME SWEEPER, (PRESENTLY WORKING AS PEON), KOLLAM DISTRICT CO-OPERATIVE BANK LTD., NEDIYAVILA BRANCH, KOLLAM. 13. OMANA AMMA.P, PART TIME SWEEPER, (PRESENTLY WORKING AS PEON), KOLLAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KOLLAM. SR.GOVERNMENT PLEADER SRI.BENNY GERVACIS FOR R3 & R4 ADV. DR.K.P.SATHEESAN FOR R1 & 2 SRI.K.K.GOPINATHAN NAIR FOR R1 & 2 SRI.M.R.JAYAPRASAD FOR R2 SRI.K.K.RAJEEV FOR R2 SRI.ALEXANDER THOMAS,SC,KPSC FOR R6 SRI.BABU JOSEPH KURUVATHA SRI.P.V.SURENDRANATH FOR R5 SRI.P.V.DIPU FOR R5 SRI.C.UNNIKRISHNAN (KOLLAM) FOR R7 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008 ALONG WITH WA NO. 1249 OF 2007 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NOS.399 & 684/2007 IN W.A.NO.1154/2007 DISMISSED 7/10/2008 SD/- J.B.KOSHY, JUDGE SD/- V.K.MOHANAN, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss J.B. Koshy & V.K.Mohanan, JJ. -------------------------------------- W.A. Nos.1154, 1249 & 2188/2007 and 1533 & 1572/2008 --------------------------------------- Dated this the 7th day of October, 2008 Judgment Koshy,J. All these writ appeals relate to the appointment of peons in the Kollam District Co-operative Bank Limited. The Public Service Commission published notification dated 26.10.1999 for inviting applications for the post of Peons. At that time, it was stated that there were 20 vacancies, but, it is stated in the notification itself that additional vacancies reported also will be advised during the currency of the list. The rank list was published on 31.1.2003. The writ petitions were filed challenging the notification stating that those vacancies can be filled up by promoting part-time contingent employees who were working their for long time. After obtaining consent from the Government, total 14 contingent employees were promoted by the bank as peons. 19 persons were appointed from the list submitted by the PSC. In the impugned common judgment, the learned Judge found that part-time employees became feeder category only from the amendment of the rule with effect from W.A.Nos.1154/2007 & connection 2 18.11.2003. Before the amendment, eight persons were promoted. Therefore, out of the 14 promotees, eight persons have to be reverted as they were not eligible to be promoted and appointment to those vacancies should have been made by direct recruitment. It is the contention of the appellants that those promotions were effected with the approval of the Government and nobody challenged their promotion. After their promotion also, Government approved their promotions, but, in view of the impugned judgment, eight persons were reverted and eight petitioners were appointed. It is submitted that those reverted persons were already promoted subsequently in view of the vacancies. Even though feeder category rules were amended with effect from 18.11.2003, Government, by virtue of the powers conferred under the Co- operative Societies Act and Rules, has already given permission to the society for giving promotion and those promotions were effected as per law. Since those promotions were not specifically challenged in the writ petition, we are of the view that order for reversion by the learned single Judge should not have been made. There were subsequent vacancies also. Reverted persons were already promoted and further appointments from the rank list published by the PSC are also made. In these circumstances, we set aside the W.A.Nos.1154/2007 & connection 3 reversions and that part of the judgment and they will get seniority from the date of their original promotion, but, the bank need not pay arrears of salary for the period they have not worked, but, service benefits will be paid as if they were not reverted after their original promotion. All the writ appears are disposed of. J.B.Koshy Judge V.K.Mohanan Judge vaa W.A.Nos.1154/2007 & connection 4 J.B. KOSHY AND V.K.Mohanan,JJ. ------------------------------------- W.A. Nos.1154, 1249 & 2188/2007 and 1533 & 1572/2008 ------------------------------------- Judgment Date:7th October,2008