POTHANICAD FARMERS COOP BANK LTD Vs. JOINT REGISTRAR

JUDGEMENT

(1.) DISPUTE in these cases relates to the appointments effected in the Pothanicad Farmers Coop. Bank Ltd. All the appointments were sought to be annulled by the present Board of Directors of the Bank on the ground that the appointments were effected in violation of the various provisions of the Cooperative Societies Rules and Circulars issued by the Registrar of Cooperative Societies. Notice was accordingly issued to all those appointees. Aggrieved by the same they have preferred O. P. 28346/99. Learned Single Judge allowed the Writ Petition. Aggrieved by the same the President of the Bank has preferred W. A. 1632/2000. O. P. 10823/99 was preferred challenging the selection procedure by which the petitioners in O. P. 28346/99 were appointed, which was dismissed, against which W. A. 1654/2000 was preferred. O. P. 28503/99 was preferred seeking a direction to the Bank to conduct fresh selection in compliance with Circular Nos. 46/89 and 18/91. O. P. was dismissed. Aggrieved by the same W. A. 1633/2000 was preferred. The Board of Directors of the Bank had also filed O. P. 14154/2000 challenging the order passed by the Joint Registrar in rescinding the resolution of the Bank for reduction of salary of the appointees. O. P. was dismissed. Aggrieved by the same Board of Directors has preferred W. A. 1631/2000. Since common issues arise in all these cases we propose to dispose of these matters by a common judgment. We may refer to the facts in O. P. 28346/99.

(2.) POTHANICAD Farmers Coop. Bank is a primary credit society engaged in banking business having branch offices. Joint Registrar of Cooperative Societies sanctioned certain posts of Junior Clerk, Typist, Depot Manager, Driver, Peon etc. vide his order dated 18. 11. 1998. The Managing Director of the Bank then published a notification dated 20. 11. 1998 inviting applications for filling up of those posts. Bank received several applications including applications from the petitioners. Written test was conducted on 30th and 31st of January 1999. After conducting written test as well as interview 11 candidates were appointed, out of which one was reserved for Scheduled Castes and Scheduled Tribes. The Managing Committee had decided on 27. 4. 1999 to publish the rank list and on the basis of rank list petitioners were appointed.

(3.) THE petitioners were subsequently appointed and they are continuing in various posts. Election was conducted to the Board of Directors of the Bank on 27. 6. 99 and the result was declared on 30. 6. 99 and new elected board took charge. We may in this connection point out that 4th petitioner who was on maternity leave was not permitted to rejoin duty by the new Board of Directors. Consequently she moved the Joint Registrar of Cooperative Societies who passed an order on 11. 9. 99 directing the Bank to allow her to join duty. Matter was taken up by the Board of Directors before the Government by filing appeal. THE first respondent however took a decision to reduce the salary of the petitioner. Petitioners challenged the said action of the Bank and approached the Joint Registrar. THE Joint Registrar rescind the decision taken by the Bank in reducing salary and also the action taken for payment of consolidated amount. In the meantime, President of the bank issued notice dated 10. 11. 1999 to the writ petitioners. Petitioners were called upon to submit options in writing agreeing to continue in the service of the Bank for a period of three months or till the fresh selection is conducted to the 11 posts failing which it was ordered that their services would be terminated without further notice. Challenging those notices O. P. 28345/99 was filed. When the matter came up for hearing we heard counsel for the petitioners Sri. E. Subramani, Sri. Mathew John as well as the senior counsel Sri. T. P. Kelu Nambiar and Sri. P. P. Jacob who appeared for the respondents.