Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY,THE13H DAY OF FEBRUARY201424TH MAGHA, 1935Q W.P.(C).No.3850 of 2012 (E) -------------------------------------------------- PETITIONER(S):- ------------------------ SHYLA PUSHPAN, AGED37YEARS, W/O GOPALAKRISHNAN, EDAYILEPARAMBIL HOUSE, KIDANGANNUR P.O., PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEWS. RESPONDENT(S):- ---------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, O/O. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM - 695 001.
2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION PATHANAMTHITTA DISTRICT OFFICE, PATHANAMTHITTA - 689 645.
3. THE GENERAL MANAGER, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, PATHANAMTHITTA - 689 645.
4. DISTRICT CO-OPERATIVE BANK LTD., PATHANAMTHITTA, REPRESENTED BY ITS ADMINISTRATOR, PATHANAMTHITTA P.O. - 689 645. R1 & R2 BY STANDING COUNSEL SRI.P.C.SASIDHARAN. R3 & R4 BY STANDING COUNSEL SRI.JACOB P.ALEX. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1302-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.3850 OF2012E -------------------------------------- APPENDIX PETITIONER(S) EXHIBITS:- --------------------------------------- EXHIBIT P1: A TRUE COPY OF THE EXTRA ORDINARY GAZETTE DATED2504/2006, VIDE CATEGORY NO. 21/2006 ISSUED BY THE1T RESPONDENT. EXHIBIT P2(a): TRUE COPY OF SERVICE CERTIFICATES ISSUED FROM THE KONKULANJI KSHEEROLPADAKA CO-OPERATIVE SOCIETY, MEZHUVELI, PATHANAMTHITTA PRODUCED BEFORE THE1T RESPONDENT DATED2010.10. EXHIBIT P2(b): TRUE COPY OF SERVICE CERTIFICATES ISSUED FROM THE KONKULANJI KSHEEROLPADAKA CO-OPERATIVE SOCIETY, MEZHUVELI, PATHANAMTHITTA PRODUCED BEFORE THE1T RESPONDENT DATED1007.2006. EXHIBIT P2(c): TRUE COPY OF SERVICE CERTIFICATES ISSUED FROM THE KONKULANJI KSHEEROLPADAKA CO-OPERATIVE SOCIETY, MEZHUVELI, PATHANAMTHITTA PRODUCED BEFORE THE1T RESPONDENT DATED1202.2008. EXHIBIT P2(d): TRUE COPY OF SERVICE CERTIFICATES ISSUED FROM THE KONKULANJI KSHEEROLPADAKA CO-OPERATIVE SOCIETY, MEZHUVELI, PATHANAMTHITTA PRODUCED BEFORE THE1T RESPONDENT DATED1912.09. EXHIBIT P3: A TRUE COPY OF THE NOTIFICATION DATED3112/2009 ALONG WITH THE RANK LIST. EXHIBIT P4: A TRUE COPY OF THE NOTIFICATION DATED1101/2011 ALONG WITH THE RANK LIST. EXHIBIT P5: A TRUE COPY OF THE RELIVING ORDER
ISSUED BY THE PART-TIME ADMINSTRATOR KONKULANJI KSHEEROLPADAKA CO-OPERATIVE SOCIETY, MEZHUVELI, PATHANAMTHITTA RELIVING THE PETITIONER FROM ITS SERVICE WITH EFFECT FROM0609/2011. EXHIBIT P6: A TRUE COPYOF THE REPRESENTATION DATED2311/2011 SUBMITTED BEFORE THE1T RESPONDENT. - 2 - W.P.(C).NO.3850 OF2012E -------------------------------------- EXHIBIT P7: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE1T RESPONDENT. EXHIBIT P8: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE3D RESPONDENT. EXHIBIT P9: COPY OF THE COMMUNICATION NO.DRV(3)36612/04/GW/PKD DATED2709.2012 ISSUED BY THE1T RESPONDENT. EXHIBIT P10: COPY OF THE JUDGMENT
DATED202.2013 IN W.P.(C). NO.23600 OF2012Y. EXHIBIT P11: COPY OF THE COMMUNICATION NO.PTA IV(1)2146/06 DATED2112.2013 ISSUED BY THE2D RESPONDENT TO3D RESPONDENT. RESPONDENTS' EXHIBITS:- ---------------------------------------- NIL. vku/ ( true copy ) K.Vinod Chandran, J.
--------------------------------------- W.P.(C).No.3850 of 2012-E ---------------------------------------- Dated this the 13th day of February, 2014 JUDGMENT
The petitioner is a person who was working as a Secretary in a Primary Co-operative Society, who applied against the reserved category of persons; in employment in a Primary Co-operative Society, to the vacancies notified in a District Co-operative Bank, herein specifically the Pathanamthitta District Co-operative Bank. In fact there was a specific condition in the notification that the persons applying from the source of recruitment, herein being the Primary Co-operative Society, should have continued in the service of the Society not only on the date of application, but also on the date of appointment. Admittedly the petitioner was in service in a Primary Co-operative Society as Secretary on the date of application. Exhibit P1 notification was for filling up of the posts in the vacancies of Clerk/Cashier in the District Co-operative Banks. The petitioner applied for the same, which selection was notified in the year 2006. WP(C).No.3850 of 2012-E - 2 - 2. Subsequent to the said notification, the Kerala Public Service Commission also brought out another notification calling for appointments to the posts of Peon/Watchman in the District Co-operative Banks. The petitioner, whose application and recruitment under the earlier notification was pending, also applied under the subsequent notification, being so qualified to apply, since she was continuing in the Primary Co-operative Society and the said notification also reserved vacancies to the employees of Primary Co-operative Societies.
3. It so happened that, the later recruitment, viz., to the post of Peon/Watchman, took place first. The petitioner came out successful in the recruitment made to the post of Peon/Watchman and she was also appointed in the Pathanamthitta District Co-operative Bank in the said post. Subsequently, the recruitment to the post of Clerk/Cashier was finalised and the petitioner came out successful in that selection process and was included in the rank list. However, when her turn came for being appointed as Clerk/Cashier, she was declined such appointment only on the premise that the condition with respect to continuing in service at WP(C).No.3850 of 2012-E - 3 - the source of appointment, on the date of appointment, is not complied with. The Public Service Commission insisted on a certificate to that effect, which obviously the petitioner could not have obtained, since she had taken the offer of appointment as Peon in the District Co-operative Bank.
4. Subsequently, the aforesaid condition was withdrawn by the PSC as per Exhibit P9 Circular. Exhibit P9 Circular was challenged by certain employees working in the Primary Co-operative Societies, contending that they would lose their chance and a person who had taken up an appointment earlier, ought to be considered as not satisfying the condition of being "in service" on the date of appointment. That challenge was rejected by Exhibit P10 judgment.
5. In the aforesaid circumstances, Exhibit P9 is in full force and the petitioner has to be advised to the post of Clerk/Cashier, to be appointed in accordance with the rank list and in accordance with the vacancy position. In fact, in the instant writ petition there was an interim order directing a vacancy to be kept vacant by the Pathanamthitta District Co-operative Bank, which is WP(C).No.3850 of 2012-E - 4 - said to have been complied with. If the petitioner is entitled to the vacancy as per the rank position and roster for reservation, then necessarily she has to be given appointment. PSC shall consider the same within a time limit, as the petitioner has been awaiting appointment from 2012 onwards. Writ Petition allowed. No costs. Sd/- K.Vinod Chandran, Judge vku. ( true copy )