SURENDRAN Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The question that has come up for consideration in this case is whether the employees of associate or nominal members of the Apex or Central Society are also eligible for appointment for the post of Clerk - Cashier in the District Cooperative Bank on the basis of Ext. P1 notification.

(2.) In the notification it is stated that 50% of the vacancies will be filled up by selection from eligible employees of Primary Cooperative Societies and rank list will be prepared for each District Cooperative Banks. As per the notification 50% of the appointment is by direct recruitment and 50% from eligible employees of the Primary Cooperative Societies and separate rank lists will be published in respect of both categories. Applications were invited by the Public Service Commission as per the amended Cooperative Societies Rules reads as follows:

(3.) Petitioners raised a contention that as per the provisions of the Act, employees of the member societies of District Coopertive Banks which constitute District Cooperative Banks alone can be considered as eligible to apply in the quota earmarked for the employees. They contended only A class members of the District Cooperative Banks who are Primary Cooperative Societies alone are members of the District Cooperative Banks and as such the employees of A class members of the District Cooperative Banks alone are eligible to apply for the 50% quota reserved for the employees. Further it was contended that the nominal and associate member societies are admitted only for lending purposes and they are not full - fledged or A class members of the District Cooperative Banks and they do not have voting rights in the District Cooperative Banks. It was also contended that nominal or associate members have got their own apex societies for which the employees of those societies can claim 50% quota reserved for employees. Further it was contended that there are only 173 banks or societies as A class members of the District Cooperative Bank, Ernakulam as on 31.3.1999 whereas there are 522 nominal or associate member societies under the Ernakulam District Cooperative Bank and if the employees of those nominal or associate member socieities are allowed to apply and included in the rank list earmarked for the 50% quota reserved for the employees, it will adversely affect the right and claim of petitioner and other employees of A class members for getting employment under the reserved quota for employees.