IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 567 of 2009(P) ------------------------ PETITIONER(S): ------------------- MINIMOL S., SYSTEM ADMINISTRATOR, THE SASTHAMKOTTA CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.Q 373, SASTHAMKOTTA (PO), KOLLAM DISTRICT. RESIDING AT: KURUMBETHIL VADAKKETHIL MUTHUPILAKKADU WEST, PORUVAZHI P.O., KOLLAM DISTRICT. BY ADV. SRI.V.K.SATHYANATHAN RESPONDENT(S): ------------------- 1. THE SASTHAMKOTTA CO-OPERATIVE AGRICULTU RAL & RURAL DEVELOPMENT BANK LTD.NO.Q 373, REPRESENTED BY ITS SECRETARY, SASTHAMKOTTA P.O., KOLLAM DISTRICT. 2. THE KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK REPRESENTED BY THE GENERAL MANAGER, HEAD OFFICE, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR (GENERAL), (FUNCTIONING AS PART-TIME ADMINISTRATOR SASTHAMKOTTA CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK) DEPARTMENT OF CO-OPERATION, KOLLAM. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.GEORGE POONTHOTTAM,SC,KSCOARDBANK L FOR R2 SRI.P.SANTHALINGAM, SENIOR ADVOCATE FOR R1 SRI.S.SHARAN FOR R1 GOVERNMENT PLEADER SRI.I.V.PRAMOD FOR R4,5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.567/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE CONCERNED PART FROM THE MINUTE'S BOOK IN DECISION NO.2 ON 24.11.2008. EXT.P2: TRUE COPY OF THE LETTER D.NO.127/08-09 DT 29.11.2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ================ W.P.(C) NO. 567 OF 2009 (P) ===================== Dated this the 4th day of June, 2009 J U D G M E N T Petitioner submits that being a Post Graduate in Economics and Diploma Holder in Computer Application, she was appointed as System Administrator in the 1st respondent Bank w.e.f. 1/9/05. It is stated that since then she was being paid salary of Rs.3,500/- per month. It is stated that she worked in that capacity for more than 3 years and that in November, 2008, Part Time Administrator decided to terminate her services and accordingly, the Secretary issued order dated 29/11/2008 terminating the service of the petitioner w.e.f. 24/11/2008. It is in this background the writ petition is filed seeking to quash the decision of the Administrator and the communication issued by the Secretary terminating her services. The further prayer sought is to require the respondents to allow the petitioner to continue in service and to regularize her as System Administrator. 2. The 1st respondent has filed a counter affidavit which show that there were 31 employees altogether in the Bank when the petitioner was engaged and that the purpose of engaging the WPC 567/09 :2 : petitioner was to impart training in computer to the other employees of the Bank. It is stated that such appointment was made without obtaining sanction of the authorities, without any selection process and even an appointment order has not been issued. It is also the case of the Bank that the engagement of the petitioner was only an adhoc arrangement and that there is no sanctioned post of System Administrator in the Bank. 3. True, the petitioner has been engaged by the Bank and the petitioner has not placed anything on record to prove that even a sanctioned post is available. If as stated by the Bank, the correctness of which cannot be doubted, the engagement of the petitioner was only for imparting training to the existing employees of the Bank, the Bank cannot be faulted in discharging her, once the purpose of such engagement is achieved. 4. In the absence of any sanctioned post and in the aforesaid circumstances, I cannot find fault with the decision of the Administrator or the order issued by the Secretary impugned in this writ petition. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp