IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 29975 of 2006(R) ---------------------------------------- PETITIONER(S): ---------------------- M.SIVADASAN, S/O.K.MUTHU ALIAS KORAPPAN, MUTHUKATTIL HOUSE, CHIMBACHOLA, MANJALLORE P.O., ALATHUR TALUK, PALAKKADU DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT(S): ------------------------- 1. CO-OPERATIVE SERVICE EXAMINATION BOARD, KERALA STATE CO-OP. BANK BUILDINGS, OVER BRIDGE JN., THIRUVANANTHAPURAM. 2. PERUMATTY SERVICE CO-OP. BANK LTD., VANDITHAVALAM P.O., PALAKKADU DISTRICT, 678 534. 3. THE TAHSILDAR, ALATHUR TALUK, TALUK OFFICE, ALATHUR P.O., PALAKKAD DISTRICT. ADV. SRI.K.RAMAKUMAR (SR.) FOR R1 GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29975/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE KRAYA CERTIFICATE ISSUED IN FAVOUR OF THE FATHER OF THE PETITIONER DT. 27.10.1976. P2:- COPY OF THE JUDGMENT DT. 10.1.02 IN OP. NO.8909/94 OF THIS HONOURABLE COURT. P3:- COPY OF THE JUDGMENT IN WA. NO.2989/02 DT. 4.4.05 OF THIS HONOURABLE COURT. P4:- COPY OF THE CASTE CERTIFICATE ISSUED BY THE 3RD RESPONDENT DT. 7.6.03 TO THE PETITIONER. P5:- COPY OF THE LETTER ISSUED BY THE IST RESPONDENT DT. 17.11.05. P6:- COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT FOR HEARING OF ISSUE. P7:- COPY OF THE LETTER AND LIST OF DOCUMENT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 22.9.06. P8:- COPY OF THE APPOINTMENT LETTER ISSUED TO THE PETITIONER DT. 10.10.06. P9:- COPY OF THE NOTIFICATION OF THE VACANCY BY THE 2ND RESPONDENT IN THE MATHRUBHUMI DAILY DT. 2.4.05. R3(a):- COPY OF THE ORDER DT. 23.9.06. R3(b):- COPY OF THE CERTIFICATE NO.E.22647/05(2) DT. 23.9.06. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.29975 OF 2006 --------------------------------------- Dated this the 5th day of November, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents 1 and 2 to permit the petitioner to join in service of the 2nd Respondent on the basis of the appointment letter dated 10-10-2006, without insisting for fresh Caste certificate. There is already an interim order dated 17.11.2006, which reads as follows: “.....The writ petitioner shall join as Junior Clerk of the 2nd respondent, Service Co-op Bank, as appointed under Ext.P8 and the said appointment shall be subject to the final result of this writ petition”. Learned Government Pleader submits that enquiry by the Scrutiny Committee has not yet been completed. This writ petition is disposed of making it clear that the fate of the service of the petitioner under the second respondent will depend on the order passed by the Scrutiny Committee. Needless to say that the petitioner shall be afforded an opportunity to participate in the proceedings. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 29975 OF 2006 J U D G M E N T 05.11.2008