Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 PETITIONER: AMMAD E @ ERI MAMMOOTTY, AGED 61 YEARS, S/O.MOIDU HAJEE, ERI HOUSE, VELLAMUNDA, KATTAYAD (PO), WAYANAD DISTRICT-670 731. BY ADV SRI.KRISHNA PRASAD. S RESPONDENTS:
1 THE VELLAMUNDA SERVICE CO-OPERATIVE BANK LTD NO.C.530, REPRESENTED BY ITS SECRETARY, VELLAMUNDA, KATTAYAD (PO), WAYANAD DISTRICT-670 731. 2 THE SECRETARY, VELLAMUNDA SERVICE CO-OPERATIVE BANK, LTD., NO.C.530, VELLAMUNDA, KATTAYAD(PO), WAYANAD DISTRICT-670 731. 3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION, WAYANAD. 4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 5 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY ADV DR.V.N.SANKARJEE SRI.VENUGOPAL V., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
JUDGMENT
The petitioner challenges Ext.P7 order of
the respondent - Joint Registrar of Co-operative Societies (General), Wayanad, which has rejected his plea for regularisation in the services of the 1st respondent Bank, on the ground that, as on the date of the said order, he had crossed the age of superannuation, stipulated under Rule 183 of the Kerala Co-operative Societies Rules (‘KCS Rules’ for short).
2. Sri.Krishnaprasad - learned counsel for the petitioner, submitted that, it is true that his client had crossed the age limit when Ext.P7 was issued, but that his request for
regularisation had been hanging fire much earlier; and that, had it been considered at the right time and granted, then he could have at least been included in the Welfare Scheme, so -3- that in the winter of his life, he could have obtained some succour.
3. Sri.Krishna Prasad concluded the submissions saying that his client is now suffering from age-related issues, without any resources to take care of himself; and therefore, pleaded that Ext.P7 be set aside and the Joint Registrar be directed to reconsider
his client’s case, by permitting him to be notionally regularized in service, so that he can at least get the benefit of the Welfare Scheme, if not anything else.
4. The learned counsel appearing for the
Bank submitted that Ext.P7 has been issued by the Joint Registrar validly since the petitioner could not have been regularized as on its date, because he had crossed the upper age limit, as prescribed under Rule 183 of the ‘KCS Rules’. She thus prayed that this writ petition be -4- dismissed.
5. The learned Government Pleader supported the afore submissions of the learned counsel for the Bank showing me that the Joint Registrar could have done nothing more than to have issued Ext.P7, for the singular fact that petitioner had crossed the upper age limit as per the Statutory Scheme. He concluded saying that, in any event, no post had been created in the Bank and therefore, that petitioner’s claim for regularization could not have been considered in any case.
6. Though the afore submissions of the
learned Government Pleader certainly carry weight, the plea of the petitioner, for being offered a limited latitude, can still be considered by the Joint Registrar as per law. This is because, if he can be granted any benefit of being admitted into the Welfare -5- Scheme - clarifying that this Court is not saying so affirmatively - he can at least obtain some benefit in the difficult times of his life, which he says he is now going through.
7. Perhaps sensing the mind of this Court
as afore, the learned Government Pleader submitted that if this Court intends only to direct the Joint Registrar to reconsider the
matter in the afore angle, but without entering into the merits of any other contention or the contents of Ext.P7, he will not stand in the way of apposite orders being issued. He, however, sought clarification that this will not mean that the petitioner is entitled to relief, but only that the Joint Registrar can consider offering him some benefits, if it is legally found in his favour.
8. The afore suggestion of the learned Government Pleader surely is the best that the -6- petitioner can also seek at this time, though, prima facie, he can neither be granted regularization now, nor appointed in the absence of posts having been sanctioned even in the year 2015.
9. I am persuaded to the course I propose, because Ext.P6 Circular dated 13.11.2009, appears to indicate that the retirement age of a Collection Agent is 70 years.
In the afore circumstances, I allow this writ petition and set aside Ext.P7; with a consequential direction to the Joint Registrar of Co-operative Societies, Wayanad, to reconsider the petitioner’s claim, taking note of all the relevant and germane aspects, particularly Ext.P6, after affording him and the Secretary of the Bank an opportunity of being
heard; thus culminating in an appropriate order
and necessary action thereon, as expeditiously -7- as is possible, but not later than four months from the date of receipt of a copy of this
judgment.
Sd/- DEVAN RAMACHANDRAN JUDGE akv -8- APPENDIX OF WP(C) 14454/2016 PETITIONER EXHIBITS EXHIBIT P-1 A TRUE COPY OF CERTIFICATE DATED 19.12.2015 ISSUED BY TEH 2ND RESPONDENT TO THE EFFECT THAT THE PETITIONER IS WORKING FROM 1984 AS COLLECTION AGENT VITH ENGISH TRANSLATION.
EXHIBIT P-2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 14.8.2014 TO THE 1ST AND 2ND RESPONDENTS EXHIBIT P-3 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER WITH ENGLISH TRANSLATION EXHIBIT P-4 A TRUE COY OF THE NON LIABILITY CERTIFICATE DATED 19.8.2014 WITH ENGLISH TRANSLATION EXHIBIT P-5 A TRUE COPY OF THE EXTRACT OF THE ADMISSION REGISTER IN THE AUP SCHOOL VELLAMUNDA DAED 31.3.2014 EXHIBIT P-6 A TRUE COPY OF THE CIRCULAR NO.189/2009 ISSUED BY TEH CO-OPERATIVE DEPARTMENT WITH ENGLISH TRANSLATION EXHIBIT P-7 A TRUE COPY OF THE COMMUNICATION/ORDER DATED 9-10-2015 ISSUED BY THE 3RD RESPONDENT WITH ENGLISH TRANSLATION.