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HIGH COURT OF KERALA
Devan Ramachandran, J
A.P.GIREESH KUMAR – Appellant
Versus
ERNAKULAM DISTRICT CO-OPERATIVE BANK – Respondent
WP(C)/27908/2019
Amalgamation - Co-operative Banks - Kerala Co-operative Societies Act - Section 74(H) - The court examined the implications of the amalgamation of the District Co-operative Banks with the Kerala State Co-operative Bank Limited, focusing on how expired rank lists for recruitment will be treated post-amalgamation.
Fact of the Case:
The case arose from the amalgamation of various District Co-operative Banks in Kerala with the Kerala State Co-operative Bank. The primary question was how to implement expired rank lists of candidates for recruitment to post Clerk/Cashier following the amalgamation.
Finding of the Court:
The court determined that the Registrar of Co-operative Societies must evaluate the financial status of the erstwhile banks and decide on the availability of posts for those in the rank lists based on prior judgments, taking into account the hierarchy of promotions and recruitment rules.
Issues: Whether the expired rank lists for recruitment to the positions of Clerk/Cashier should be enforced after the amalgamation of several co-operative banks into the Kerala State Co-operative Bank.
Ratio Decidendi: The court held that the amalgamation did not extinguish the rights of the candidates listed in the expired rank lists and that their recruitment should proceed based on their eligibility and the rank they held at the time of expiration, per the directions outlined in prior judgments.
Final Decision: Writ petitions ordered with specific directions for the Registrar's evaluation and action regarding vacant posts.
J U D G M E N T
These cases relate to the various District Co-operative Banks in Kerala. Save the Malappuram District Co-operative Bank, all the others have been admittedly amalgamated with the Kerala State Co- operative Bank Limited (hereinafter referred to as the 'Kerala Bank'
for short).
2. The essential question in these cases is how the earlier Rank Lists prepared by the Public Service Commission (PSC), for appointment to the post of Clerk/Cashier in the services of the while Co-operative Bank and Malapuram District Co-operative Bank will now require to be put into effect, subsequent to the aforementioned amalgamation.
3. It is admitted by all sides in these cases that the Rank Lists in question have all expired, but that interim orders have been issued by this Court in each of these cases, directing reporting of certain number of vacancies to the PSC and that this has been done.
4. Of course, among these vacancies, there are issues with respect to community roster as also non-community available vacancies, but that would not really make any difference to the manner in which this Court proposes to dispose of these matters because all such issues will also have to be considered by the competent Authority, as I will presently order.
5. That said, it is also without contest that issues relevant to the aspects projected in these cases have been considered by this Court in at least two earlier judgments, namely in W.P.
(C)No.201/2018 and W.P.(C)No.11228/2019.
6. In fact, in the case of the erstwhile Kannur District Co- operative Bank, when a similar issue arose before this Court in W.P.
(C)No.20446/2020, I had passed the following judgment:
“This is a text book example of a case where the competent Authority has not understood the repeated directions of this Court.
2. Through at least two judgments, namely Exts.P6 and P9, this Court had directed the Registrar of the Co-operative Societies to verify whether the “erstwhile Kannur District Co- operative Bank” ('Kannur DCB') - now merged with the 'Kerala Bank', had the financial capacity to accommodate the various posts as are sanctioned under Appendix III of the Kerala Co- operative Societies Rules ('KCS Rules' for short). The said Authority has, however, now issued Ext.P10, saying that the said Bank cannot be reclassified because of financial constraints. 3. One certainly fails to understand how and why the Registrar said so, when the direction of this Court was not to reclassify the Bank, but to consider how many posts under Appendix III could be granted to it.
4. That said, the directions were issued at a time when the 'Kannur DCB' was in existence. Today, however, it has been merged with the 'Kerala Bank'.
5. Obviously, the considerations are now totally different.
6. Therefore, this Court cannot now find favour with Ext.P10 and it certainly deserves to be set aside.
7. As a corollary, the Registrar must consider the claims of the petitioners taking note of the fact that the 'Kannur DCB' has now being merged with the 'Kerala Bank' and with specific reference to the staff pattern of the latter.
Resultantly, I order this writ petition in the following manner:
a)Ext.P10 is set aside.
i. b) The Registrar will evaluate the financial status of the 'Kannur DCB' at the time when Ext.P9 judgment was delivered and then decide notionally what the posts that would be available to it at that time, strictly in terms of the directions in the said judgment.
c) On the Registrar evaluating the staff position of 'Kannur DCB', as it then existed, necessary orders consequent to its merger with the 'Kerala bank' will also be issued; in which event, the claims of the petitioners and similarly situated persons, as of the other persons in the Rank List will be evaluated and effectively modulated.
Needless to say, while the afore exercise is undertaken, the Registrar will also verify whether the promotion claimed by the petitioners in this case could have been made, had the promotion posts been granted at the relevant ti
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