VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE 3 original petitions relate to common question regarding the fixation of seniority among the employees of co-operative society, Therefore these three original petitions are disposed of by a common judgment. O. P. No. 19370/95-E

(2.) THE petitioner was appointed by order-dated 27. 7. 90 as a Clerk/ Cashier by the third respondent (hereinafter referred to as 'the bank' ). He was selected under the 50% quota reserved for the employees of member societies (hereinafter referred to as 'the quota' ). THE Bank by proceedings dated 29. 9. 93 published the provisional list of employees inviting objections. THE petitioner was assigned seniority as serial No. 162. Dissatisfied with the ranking given to the petitioner he filed objection before the Bank. THE same was rejected by the Bank. Aggrieved by the rejection by the Bank, the petitioner and other aggrieved persons filed representations before the second respondent. THE petitioner along with another filed O. P. No. 2275/95 and this court directed the second respondent to consider the representation filed by the petitioner and pass appropriate orders at the earliest. THEreafter, the second respondent rejected the representation by Ext. P7 order. THE petitioner also filed representation before the first respondent. He also filed O. P, No. 12130/95 which was disposed of with a direction to the first respondent to consider and pass orders on the representation filed by the petitioner. After hearing the petitioner, the first respondent passed Ext. P9 order, confirming the decisions of the Bank and of the second respondent. THE above decisions are under challenge in this original petition. O. P. No. 12562,/96-U

(3.) THE issues involved in these original petitions lie in a narrow compass. It is necessary to refer to rule 187 of the Kerala co-operative Societies Rules which the petitioners in these original petitions are relying on: "187. Notwithstanding anything contained in R. 189 for appointments to the 50% of the vacancies arising in an Apex Society or other Federal type society having other societies as its members experience in the societies which are members of the respective Apex society or Federal type society, as the case may be, shall be a necessary additional qualification". Thus, 50% of the vacancies in the Bank are to be filled up by the society quota.