JITHEESH. P.K., S/O. P.K. RAJAN, SENIOR CLERK, MANANTHAVADY FARMERS SERVICE CO Vs. THE SECRETARY TO GOVERNMENT DEPARTMENT OF CO

JUDGEMENT

(1.) Captioned writ petitions are materially connected in respect of the irregularity in the appointment of the petitioners in W.P.(C) No.24357/2014 to 5th respondent Service Co-operative Bank and seeking consequential reliefs thereto respectively. Therefore, I heard them together and propose to pass a common judgment. The subject matter of challenge in W.P.(C) No.24357/2017 is against Ext.P5 order dated 21.3.2013 passed by the 3rd respondent and Ext.P8 order passed by the State Government dated 7.8.2014 affirming the order of the 3rd respondent. As per Ext.P8 order, it was found that, the appointment of the petitioners made to the Co-operative bank was not in accordance with law and violative of the provisions of the Co-operative Societies Rules, 1969. Material facts for the disposal of the writ petition are as follows;

(2.) Petitioners in W.P.(C) No.24357/2014 are employed as Senior Clerks in the 5th respondent bank. The bank invited applications in a leading daily for the post of three Peons and a Night Watchman. In response to the notification, 153 applications were received for the post of Peon and 11 applications for the post of Watchman. On the basis of the marks obtained in the written examination and interview, a ranked list was prepared for both the posts, in which the petitioners were ranked. Thereafter, petitioners were appointed. While so, one Jose Nandilath, a temporary Watchman then serving the bank has filed an application before the Joint Registrar of Co-operative Societies, Wayanad and thereafter filed W.P.(C) No.12226 of 2006 before this court. Similarly one Manoj.K., who had earlier worked as temporary Watchman in the bank also filed W.P.(C) No.17224/2006 in respect of the selection conducted.

(3.) This court disposed of the writ petitions directing the 3rd respondent to take a decision in the said complaint filed by the said persons. Accordingly, the Joint Registrar conducted an enquiry and passed an order directing termination of service of the petitioners within three days. Aggrieved by the said order, petitioners filed W.P.(C) No.17224/2006 before this court, which was disposed of by this court, directing the 3rd respondent to pass fresh orders after hearing the affected persons. Thereafter the 3rd respondent heard the petitioners, the President of the Bank, Managing Director and other interested persons and after examining the files, passed Ext.P4 order dated 2.4.2008 finding that, there are no irregularities in the action of the bank appointing petitioners. Petitioners were later promoted as junior clerks and then as senior clerks.