IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WA.No. 958 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15452/2006 Dated 01/04/2008 .................... APPELLANT/2ND RESPONDENT: ------------------------------------------------- M.MOHAMMED BASHEER, S/O.MARAKKAR MUSALIYAR, AGED.47 YEARS, MANAGER, HANTEX INTERNATIONAL GARMENTS, PADINJARETHARA, RESIDING AT PADINJARETHARA, WAYANAD. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI RESPONDENTS: PETITIONER & IST RESPONDENT; ---------------------------------------------------------------------------- 1. KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD., HANTEX, THIRUVANANTHAPURAM, REPRESENTED BY THE PRESIDENT. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY SRI. M.K.CHANDRAMOHAN DAS, SC R2 BY GOVERNMENT PLEADER SRI. K. SANDESH RAJA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.958 of 2008 ===================== Dated this the 26th day of May, 2008. JUDGMENT Koshy,J. The petitioner is a Co-operative Society in which the Government of Kerala contributed their share capital. The appellant who was the second respondent in the Writ Petition was appointed as Manager in the Wayanad Garment unit of the petitioner temporarily for three months as per proceedings of the Managing Director on 6.4.1995. His services were thereafter extended upto 1997 on a consolidated pay of Rs.3,000/-. His services were terminated on 29.12.1997, thereafter, he was not an employee. He filed O.P.No.1271 of 1998 and this Court stayed his termination. He was out of service and after 29.12.1997 he did not work in the Society. Thereafter, he was appointed as P.A. to Sri.Mammutty,M.L.A. 2. While so, he submitted a representation on 10.8.2005 That led to a conference being convened on 13.10.2005 in the WA 958/08 -: 2 :- Chamber of the Minister for Industries and Social Welfare. It is to be pointed that the then Minister and the M.L.A. with whom he was working as P.A., were in the ruling party and were elected as a candidate of the Muslim League. A meeting was convened by the Minister for Industries and Social Welfare with regard to the regularisation of the service of the appellant as can be seen from Ext.P4. There was an agreement for regularising the service of the appellant. 3. Ext.P5 was passed by the Government for regularising the service of the petitioner. This was questioned by the Society in the Writ Petition. Nowhere in the Writ Appeal it is stated whether the appellant was qualified for appointed as Manager. Only the person qualified as prescribed under the Act and Rules can be appointed as Manager. His temporary appointment was also not in order. Further, neither in Ext.P4 nor Ext.P5 or any of the proceedings his qualification was considered. Further all appointments were left to the Public Service Commission with effect from 25.4.1995. Originally he was temporarily appointed on 6.4.1995 for three months which term was extended upto 1997. This itself was illegal as the appointment can be only WA 958/08 -: 3 :- through the Public Service Commission. So, the petitioner came to the Society by back door. He can be terminated. He is not entitled to get any of the benefits claimed by him. There is no question of any regularisation of his service in 2006 when Ext.P5 was issued, as he was already terminated in 1997. The writ petitioner challenged the termination. As rightly held by the learned single Judge, Exts.P4 and P5 are tainted with nepotism, favouritism and unauthorised encroachment into the affairs of the Society. We fully agree with the learned single Judge. The Writ Appeal is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 28/5