IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6055 of 2010(F)
1. SHEEJA KUMARI ,KULAHIL KARA VEEDU
... Petitioner
2. SREE VELLAYANI HANDLOOM WEAVERS CO-OP
Vs
1. GENERAL MANAGER, DISTRICT INDUSTRIES
... Respondent
2. DEPUTY REGISTRAR, OFFICE OF THE GENERAL
3. THE PUBLIC SERVICE COMMISSION PATTOM
For Petitioner :SRI.D.SOMASUNDARAM
For Respondent :SRI.ALEXANDER THOMAS,SC,KPSC
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :24/06/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.6055 of 2010 (F)
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Dated, this the 24th day of June, 2010
J U D G M E N T
The 1st petitioner joined the services of the 2nd petitioner
society as a Clerk with effect from 01/07/1995. Ext.P5 dated
25/06/1995 is the order of appointment. She is a Graduate in Co-
operation.
2. While continuing in that post, pursuant to a notification
issued by the Public Service Commission inviting applications for the
post of Clerk in the District Co-operative Bank,
Thiruvananthapuram, to which 50% seats are reserved for
employees of affiliated societies, the petitioner submitted an
application. She was called for a written test and was included in
Ext.P1 short list.
3. She was required to produce a certificate to the effect
that she had three years experience. Thereupon she made an
application to the 2nd petitioner Society to issue a certificate as
required by the PSC. By Ext.P2, the the 2nd petitioner Society has
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resolved to request the 1st respondent to issue the certificate.
Exts.P3 & P4 show that the Co-operative Inspector recommended to
issue the certificate, and in fact sought orders approving the
appointment of the 1st petitioner as well. There was no progress in
the matter of issuance of experience certificate and that led the
petitioner to file this writ petition.
4. Pursuant to the interim orders passed by this Court, the
1st petitioner was provisionally included by the PSC in Part.II of
Ext.P11 ranked list at serial No.46. Although the interim order also
required the 1st & 2nd respondents to pass orders on the request
made by the 1st petitioner for the experience certificate, learned
counsel for the petitioners complain that so far no orders have been
passed.
5. A statement has been filed on behalf of 1st respondent.
According to the 1st respondent, it was for want of details to prove
that the 1st petitioner’s appointment was in accordance with
Appendix III of Co-operative Societies Rules, such as appointment
order from the Managing Committee, selection list approved by the
Committee, minutes of the Society appointing the 1st petitioner, the
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said respondent could not pass orders on the request for issuance
of the experience certificate.
6. Irrespective of the inadequacies pointed out by the 1st
respondent in the statement filed, from Ext.P7 service book of the
1st petitioner, it is evident that the 1st petitioner is working in the 2nd
petitioner Society on permanent basis from 01/07/1995 onwards.
Ext.P8, the acquittance roll, shows that she has been on the rolls of
the Society as stated by her. There is absolutely no dispute on the
part of the 2nd petitioner about the correctness of the claim made by
the 1st petitioner. Therefore, it is obvious that the 1st petitioner has
been in the permanent employment of the 2nd petitioner since
01/07/1995. The request made to the 2nd respondent is only to
issue an experience certificate to the effect that the 1st petitioner
has three years experience and the documents produced by the
petitioners in this Court prove the fact that she has been working in
the 2nd petitioner Society since 1995.
7. Since this Court is satisfied that the 1st petitioner has
acquired the experience for the period applied for, this writ petition
is disposed of directing the 2nd respondent to issue an experience
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certificate certifying that the 1st petitioner has three years
experience as a Clerk in the 2nd petitioner Society. The certificate
shall be issued as expeditiously as possible, at any rate, within two
weeks of production of a copy of this judgment.
The petitioner shall produce a copy of this judgment before
the 2nd petitioner for compliance.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg