High Court Kerala High Court

P.Meethiyan Kunju vs Alwaye Urban Co-Op. Bank Ltd. … on 19 March, 2007

Kerala High Court
P.Meethiyan Kunju vs Alwaye Urban Co-Op. Bank Ltd. … on 19 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32839 of 2006(H)


1. P.MEETHIYAN KUNJU,
                      ...  Petitioner

                        Vs



1. ALWAYE URBAN CO-OP. BANK LTD. NO.1523,
                       ...       Respondent

2. M.G.MOHANDAS, ACCOUNTANT,

3. THE JOINT REGISTRAR OF CO-OP. SOCIETIES

                For Petitioner  :SRI.P.P.JACOB

                For Respondent  :SRI.R.RAGHUKUMAR (ALUVA)

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :19/03/2007

 O R D E R
                                S. SIRI JAGAN, J.

                         --------------------------------

                         W.P.(C)NO. 32839 OF 2006

                       -----------------------------------

            DATED THIS THE 19th DAY OF MARCH, 2007


                                     JUDGMENT

The petitioner is seeking the following reliefs in this writ petition.

“1. Declare that first respondent is bound to

consider the eligibility of the petitioner to get

promotion as per feeder category to the post of chief

accountant on the basis of the ingredience prescribed

in Clause 8 of Rule 185 of the Kerala Co-operative

Societies Rules and the promotion granted to the

second respondent is contrary to law and liable to be

set aside.

ii. Issue a writ of mandamus or any other

writ order or direction directing the respondents 1 to

3 to consider the petitioners claim for promotion as

Chief accountant by relaxation of qualification as

prescribed by law.

iii. Issue a writ of mandamus or other writ or

order directing the respondents 1 & 3 to consider and

pass orders on Ext.P1 and P3 respectively and give

promotion to the petitioner as Chief accountant.

iv. Issue such other reliefs which may

deem fit and proper in the fact and circumstances of

the above writ petition.”

I am of opinion that the petitioner has to seek his remedies

in this matter before the Arbitration Court under Section 69 of the

Kerala Co-operative Societies Act. Therefore without prejudice to the

right of the petitioner to file the application under Section 69 of the

W.P.(c)32839/06 2

Act, this writ petition is dismissed.

S. SIRI JAGAN, JUDGE

Acd