Decided on February 13,2002

N.K.RAJAN Appellant
S.PADMA Respondents


- (1.)The recruitment to the posts of clerks on the establishment of Alleppey District co-operative Bank Ltd. (hereinafter referred to as the 'bank') was commenced in the year 1987-88. However, a notification was issued in June 1990 inviting applications for the same. On 2/12/1990 written test was conducted as a result of which selections were made and appointment orders were also issued. The joint registrar of cooperative societies in exercise of his powers under relevant statute issued show cause notice. O. P. no. 6781/1992 was filed before the High Court challenging the orders of the joint registrar.
(2.)The High Court by an order made on 27/1/1992 directed the joint registrar to proceed with the inquiry after notice to the bank and to the concerned parties. The joint registrar was also directed to scrutinize the records relating to the selection of the candidates and to pass final orders after inquiry within a particular stipulated time. In o. P. no. 15848/1992 filed by the bank, it was permitted to proceed with the interview provided a committee consisting of five persons named in exhibit-P-7 constituted the interview board. Writ appeal no. 345/1992 was preferred against that order and the division bench of the High Court granted interim order staying further selections which stood sine die. Subsequently, the said writ appeal was dismissed by an order made on 24/1/1995. Thus there was no impediment for the society to continue with the process of selection commenced by it earlier in terms of the order made by the High Court in O. P. no. 6781/1992. In the meanwhile , an ordinance known as kerala Co-operative Societies (Amendment) Ordinance, 1995 was issued which came into effect from 25/4/1995 which by sub-section (3-A) section 80 provided as under:
"(3-A) Notwithstanding anything contained in this Act or rules made or order issued thereunder or in the bye-laws of any society relating to the recruitment and conditions of service of officers and servants of societies, all appointment of officers and servants of the societies mentioned in the schedule for which direct recruitment is resorted to shall be made from a select list of candidates furnished by the Kerala Public Service Commission. "

(3.)It is brought to our notice that a circular had been issued not to make any selection except in terms of the ordinance issued by the government. Thereafter, another order had been issued to cancel the appointments that have been made pursuant the selections that had been effected thereafter, two writ petitions were filed before the High Court, O. P. no. 10361/1995 and O. P. no. 7003/1995. One of them sought for a mandamus directing the respondents to proceed with the selection process forthwith and a further direction to continue the selection process from the stage it had been stopped. In another petition, the petitioner sought for quashing of the ordinance and also to declare the said provisions of section 80 (3-A) of the Kerala cooperative Societies Act as unconstitutional and also to direct the bank to proceed with the recruitment process as directed by the full bench to which we have adverted earlier. The High Court proceeded to dispose of the matters by noticing various provisions of the Act and the hardship that had been caused to the bank in the matter of non selection of the candidates for the posts to be filled up and, therefore, disposed of the original petitions with a direction to bank to proceed with the selection and appointment of required number of employees as per the work load in accordance with the rules and procedures that existed prior to the ordinance. This order is in appeal before us by special leave.

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