IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 14043 of 2010(E) ----------------------------------------- PETITIONER(S): ------------------------- I.RAJASREE,KRISHNAVILASOM, VENGANOOR.P.O,THIRUVANANTHAPURAM-695 562. BY SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE, BY ADV. SRI.M.CHANDRA BOSE, SRI.A.RAJASIMHAN. RESPONDENT(S): ---------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, PATTOM,THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. 2. DISTRICT OFFICER,DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION,BRAHMADARSANAM S.S.KOVIL ROAD,KOWDIAR.P.O,THIRUVANANTHAPURAM. 3. ASSISTANT REGISTRAR(GENERAL),TALUK CO-OPERATIVE DEPARTMENT,MANJALIKKULAM ROAD, THAMPANOOR.P.O,THIRUVANANTHAPURAM. 4. SECRETARY,KOLIYOOR SERVICE CO-OPERATIVE SOCIETY LTD.,KOLIYOOR,MUTTACADU.P.O THIRUVANANTHAPURAM-685 523. R1 & R2 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC R3 BY GOVERNMENT PLEADER SRI. M.A. ASIF R4 BY ADVS. SRI.VELLAYANI SUNDARARAJU, SMT.P.MEENA KUMARI, SRI.T.HARINDRAN NAIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14043/2010 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER DTD. 15/01/200. P2: COPY OF G.O.(P)NO.84/2006/CO-OP. DTD. 19/04/2006. P3: COPY OF THE PSC NOTIFICATION DTD. 24/04/2006. P4: COPY OF THE SHORT LIST PUBLISHED IN MATHRUBHOOMY EMPLOYMENT NEWS DTD. 13/02/2010. P5: COPY OF THE CERTIFICATE DTD. 22/02/2010. P6: COPY OF THE CORRECTED SERVICE CERTIFICATE DTD.22/02/2010. P7: COY OF THE SERVICE CERTIFICATE ISSUED TO SAJITH KUMAR GS. DTD. 17/02/2010. P8: COPY OF THE CERTIFICATE DTD. NIL. P9: COPY OF THE PROMOTION ORDER DTD. 23/03/2010. RESPONDENT'S EXHIBITS: R4-1(SERIES A - C):COPIES OF CERTIFICATES DTD. 16/01/1990, 28/7/1991 AND 13/07/1994. R4-2: COPY OF THE RANK LIST PUBLISHED BY THE KOLIYOOR SERVICE CO-OPERATIVE SOCIETY DTD. 22/12/2001. R4-3: COPY OF THE RANK LIST PUBLISHED BY THE KOLIYOOR SERVICE CO-OPERATIVE SOCIETY DTD. 17/11/2002. R4-4: COPY OF NOTIFICATION OF THE GOVERNMENT DTD. 19/04/2006. R4-5: COPY OF THE DECISION OFADMINISTRATIVE COMMITTEE OF KOLIYOOR SERVICE CO-OPERATIVE SOCIETY DTD. 2/07/2006. R4-6: COPY OF DEMAND NOTICE ON REMITTANCE OF PENSION CONTRIBUTION TO PENSION BOARD DTD. 19/06/2008. R4-7: COPY OF EXPLANATION OF THE PRESIDENT OF KOLIYOOR SERVICE CO-OPERATIVE SOCIETY DT. 17/05/2010 TO 3RD RESPONDENT. R4-8: COPY OF ORDER OF 3RD RESPONDENT DTD. 17/05/2010. /TRUE COPY/ P.S.TO JUDGE Kss C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.14043 of 2010 ---------------------------- Dated 2nd November, 2010 JUDGMENT The petitioner who is working as Senior Clerk in Koliyoor Service Co-operative Society Ltd. (for short `the Society'), filed this writ petition mainly with the prayer to issue a declaration that she had commenced her regular service on 19.1.2002 and had the requisite experience in terms of Ext.P3 on the last date of receipt of application. The further prayer is to issue a writ of mandamus commanding respondents 1 and 2 to include the name of the petitioner in the rank list pursuant to Ext.P4. In the affidavit filed on behalf of respondents 1 and 2 it has been stated that the result of the petitioner has been withheld. In fact, it has been withheld for the reason that the petitioner was not qualified for selection to the post of Clerk/Cashier under the District Co- operative Banks in terms of Ext.P3 notification. 2. It is a fact that respondents 1 and 2 have permitted the petitioner to participate in the written test conducted as part of the selection process initiated as per Ext.P3 and thereafter, she was allowed to participate in the interview which, in fact, was a verification of the relevant documents. It is apprehending that the petitioner would not be included in the final rank list pursuant to Ext.P4 that this writ petition has WP(C).No.14043/2010 2 been filed with the above prayers. On 30.4.2010 this Court passed an interim order not to reject the application submitted by the petitioner pursuant to Ext.P3 notification. It was further made clear therein that the entitlement of the petitioner for inclusion in the rank list would be decided, later. Subsequently, the final rank list was published on 31.5.2010. Therefore, the question to be considered is whether the petitioner is entitled to be included in the rank list published on 31.5.2010 pursuant to Ext.P3 notification, for appointment to the post of Clerk/Cashier under the District Co-operative Banks. 3. The contention of the petitioner is that she was fully qualified for applying to the post of Clerk/Cashier notified as per Ext.P3 much before the last date for receipt of application. It is also contended that the issue regarding the qualification of the petitioner was unnecessarily made to crop up by the fourth respondent by issuing a certificate without verifying the records maintained in the society with respect to the service particulars of the petitioner. In fact, the case is that it was done purposefully by the fourth respondent, the Secretary of the Society wherein the petitioner is working. The society was dormant for more than three years and in the year 2001 the Society revived its function and the administrative committee appointed for that purpose WP(C).No.14043/2010 3 invited applications from qualified hands for appointment to the post of one Secretary, one Junior Clerk/Appraiser and one Junior Clerk. Later, a test and interview was held in connection with the selection process and consequently, the fourth respondent, the petitioner and another person by name Smt.K.R.Beena were appointed respectively against the aforesaid posts. The petitioner was appointed pursuant to the said selection process as Junior Clerk/Appraiser on 15.1.2002 as per Ext.P1. The said appointment was, admittedly, on a consolidated pay of Rs.800/- per month. The petitioner was admittedly possessing all the qualifications required for the purpose of appointment as Junior Clerk/Appraiser or even to the post of Secretary at the time of the said appointment. Pursuant to Ext.P1, the petitioner joined the service of the Society on 19.1.2002. In respect of all the appointments made by the administrative committee in the year 2002, subsequent to the revival proceedings started in the year 2001, Government have issued Ext.P2 order dated 19.4.2006. It would reveal that by invoking power under section 101 of the Kerala Co-operative Societies Act Government of Kerala have exempted the Society from the provisions of sub-section (3) of section 80B of the Kerala Co-operative Societies Act, 1969 to enable the Society to ratify and regularise the appointments made by the WP(C).No.14043/2010 4 Society in the posts of Secretary and two Junior Clerks. According to the petitioner, by virtue of Ext.P2, the petitioner, the fourth respondent and Smt.K.R.Beena, the other two appointees who were appointed along with her, are entitled to be treated as regular employees with effect from 2002 and in fact, all of them were treated as such. It is pertinent to note in this context that among the three appointees under the service of the Society in the year 2002 the other two persons namely, the fourth respondent and Smt.K.R.Beena had also responded to Ext.P3 notification and in their case their applications were accepted. In fact, all the three were permitted to appear for the written examination. The petitioner and the said Smt.K.R.Been came out successful in the written test and after the certificate verification they were included in the probability list. In respect of the petitioner the society has issued Ext.P6 certificate showing the date of commencement of regular service in the post of Junior Clerk as 1.7.2006. The petitioner has produced Ext.P7 certificate issued by the very same authority to show that in respect of an appointee on a consolidated pay of Rs.2500/- in another Society the Registrar (General) Taluk Co-operative Department issued a certificate showing the date of his commencement of regular service in that society as 22.12.2002. Evidently, Ext.P7 certificate was produced only to WP(C).No.14043/2010 5 canvass the position that respondents 1 and 2 have entertained, rather, accepted an application wherein the concerned person was appointed and continuing on a consolidated pay. But, it is obvious from Exts.P6 and P7 that in respect of the petitioner the date of commencement of continuous service was shown only as 1.7.2006 whereas in the case of the concerned person in Ext.P7 the date of commencement of his continuous service was shown as 22.12.2002. In short, the contention to be considered in this writ petition is, as on the last date of receipt of application whether the petitioner was qualified in terms of Ext.P3 notification. In other words, whether she was having three years regular service as on the last date of receipt of application i.e., 24.5.2006 to satisfy the prescribed qualifications of experience. 4. As already noticed hereinbefore, the contention of the petitioner is that though her appointment effected as per Ext.P1 was on a consolidated pay, subsequently, the said appointment was ratified and regularised in terms of Ext.P2. Therefore, in the light of Ext.P2 the service of the petitioner from 19.1.2002 commenced based on Ext.P1 should be construed as regular service. However, respondents 1 and 2 cannot be found fault with for entertaining a doubt with respect to the eligibility of the petitioner as they were only in receipt of Ext.P6. In fact, WP(C).No.14043/2010 6 in Ext.P6 the date of commencement of regular service of the petitioner was shown only from 1.7.2006. Therefore, it is up to the petitioner to convince respondents 1 and 2 by producing documents before them to show that she had actually commenced her regular service in 2002 itself. For that purpose, it will be open to the petitioner to approach the competent authority namely, the third respondent or the authority superior to the third respondent, to obtain a certificate in the light of Ext.P2. In case the petitioner approaches the third respondent or any higher authority under the Co-operative Department, the said authority shall look into the question, call for the records from the Society as also the relevant records from the Co-operative Department and to issue a certificate showing the date of commencement of regular service of the petitioner for the purpose of producing the same before respondents 1 and 2. Needless to say, as part of scrutiny the steps taken pursuant to Ext.P2 shall be verified. It will also be open to the petitioner to canvass the position, in the light of Ext.P7, before the second respondent that a person who was appointed on consolidated pay is also entitled to be treated as qualified if any such appointee was treated as qualified for being appointed in terms of Ext.P3 notification, more particularly, in the light of Ext.P7. After such enquiry, certificate relating the date of WP(C).No.14043/2010 7 commencement of the petitioner shall be issued by the third respondent or any authority superior to him within a period of one month from the date of receipt of a copy of this judgment. On receipt of the same, the petitioner shall produce the same before the second respondent within a week and thereupon, based on the same, the question whether the petitioner is qualified for inclusion in the rank list shall be considered by the first respondent within a period of three weeks thereafter. The writ petition is disposed of accordingly. Sd/- C.T.RAVIKUMAR Judge TKS