High Court Kerala High Court

D.Indira vs The State Of Kerala on 5 March, 2007

Kerala High Court
D.Indira vs The State Of Kerala on 5 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 13819 of 2006(T)


1. D.INDIRA, SENIOR CLERK, PANACHAMOODU
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE JOINT REGISTRAR OF CO-OPERATIVE

3. BEENA.S. BRANCH MANAGER,

4. PADMAJA DEVI, SENIOR CLERK,

5. PANACHAMOODU SERVICE CO-OPERATIVE BANK

                For Petitioner  :SRI.N.NANDAKUMARA MENON

                For Respondent  :SRI.PIRAPPANCODE V.SREEDHARAN NAIR

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :05/03/2007

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

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

                        W.P.(C)NO. 13819 OF 2006

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

             DATED THIS THE 5th DAY OF MARCH, 2007


                                     JUDGMENT

This writ petition relates to a dispute regarding seniority between

the petitioner on the one hand and the 4th respondent on the other.

Both of them are employees of the 5th respondent Co-operative Bank.

The petitioner is a regularly recruited person and 4th respondent is a

person who has been appointed in a dying in harness vacancy. The

contention of the petitioner is that the 4th respondent was appointed

without prior concurrence of the Registrar of Co-operative Societies as

contemplated under Rule 188A of the Kerala Co-operative Societies

Rules and therefore her appointment can be held to be valid only from

the date of actual concurrence given by the Joint Registrar. Learned

Counsel for the 4th respondent submits that the application by the

Society for concurrence was forwarded to the Joint Registrar prior to

her actual appointment and therefore the delay at the hands of the

Joint Registrar cannot prejudice her rights.

2. I am not inclined to go into the merits of the rival

contentions in this writ petition, since the petitioner has an effective

alternate remedy by way of filing a petition under Section 69 of the

W.P.(c)13819/06 2

Kerala Co-operative Societies Act before the Arbitration Court.

Therefore, without prejudice to such right of the petitioner to

approach the Arbitration Court under Section 69 of Kerala Co-

operative Societies Act this writ petition is dismissed. If the

petitioner files a petition under Section 69 before the Arbitration

Court, within three weeks from the date of the receipt of a copy of

this judgment, the Arbitration Court shall decide the disputes

between the petitioner and the 4th respondent, on merits, as one

filed within time as expeditiously as possible.

The writ petition is disposed of as above.






                                                 S. SIRI JAGAN, JUDGE




Acd


W.P.(c)13819/06    3