IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 731 of 2011(N) --------------------- PETITIONER(S): ---------------------- 1. JAYADEVI.S., THENGUMTHARAYIL HOUSE, PULIYOORVANCHI EAST, THAZAVA P.O., THODIYOOR, KARUNAGAPPALLY, KOLLAM 2. SUMA G. NAIR, KAROOR HOUSE, PAVUMBA P.O., KARUNAGAPPALLY, KOLLAM. 3. RENJITH M.B., PANKAJAPALLY HOUSE, KALLALIBHAGOM KARUNAGAPPALLY, KOLLAM 4. ASHA V KARTHIKA, KALLALIBHAGOM P.O., KARUNAGAPALLY KOLLAM BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------------- 1. THE KERALA STATE CO-OPERATIVE SERVICE EXAMINATION BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-695 001. 2. THE THODIYOOR SERVICE CO-OPERATIVE BANK LTD. NO.2406, REPRESENTED BY ITS SECRETARY,THODIYOOR P.O., KARUNAGAPPALLY, KOLLAM DISTRICT-690 523. 3. THE BOARD OF DIRECTORS OF THE THODIYOOR SERVICE CO-OPERATIVE BANK LTD NO-2406 REPRESENTED BY ITS PRESIDENT, THODIYOOR P.O., KARUNAGAPPALLY, KOLLAM DISTRICT-690523. ...2/- WP(C).No. 731 of 2011(N) -2- 4. THE JOINT REGISTRAR OF CO-OP.SOCIETIES, KOLLAM-691 001. * ADDITIONAL R5 TO R8 IMPLEADED *5. K.A. JAVAD, COMMITTEE MEMBER, THODIYOOR SERVICE CO-OPERATIVE BANK LTD NO. 2406, KARUNAGAPPALLY, KOLLAM DISTRICT. *6. MURALEEDHARAN PILLAI, COMMITTEE MEMBER, THODIYOOR SERVICE CO-OPERATIVE BANK LTD NO. 2406, KARUNAGAPPALLY, KOLLAM DISTRICT. *7. SAJEEV Y., COMMITTEE MEMBER, THODIYOOR SERVICE CO-OPERATIVE BANK LTD NO. 2406, KARUNAGAPPALLY, KOLLAM DISTRICT. *8. P. SOMAN PILLAI, COMMITTEE MEMBER, THODIYOOR SERVICE CO-OPERATIVE BANK LTD NO. 2406, KARUNAGAPPALLY, KOLLAM DISTRICT. *ADDL. R5 TO R8 IMPLEADED AS PER ORDER DATED 20.1.2011 IN I.A. NO. 933/2011. R1 BY ADV. SRI.P.U.SHAILAJAN, SC, CO-OP. SERVICE EXAM. BOARD R2 & R3 BY ADV. SRI.R.KRISHNA RAJ R5 TO R8 BY ADV. SRI.P.N.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ...3/- WP(C).No. 731 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RESOLUTION NO. 170 DATED 22-1-2010. EXT.P2 : COPY OF THE NOTIFICATION DATED 29-1-2010 OF THE 1ST RESPONDENT EXAMINATION BOARD. EXT.P3 : COPY OF THE RELEVANT PAGE OF THE RANK LIST PUBLISHED BY THE 1ST RESPONDENT EXAMINATION BOARD. EXT.P4 : COPY OF THE RESOLUTION NO. 336 DATED 19-11-2010. EXT.P5 : COPY OF THE REPRESENTATION DATED 6-12-2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 731 OF 2011 -------------------------- Dated this the 20th day of January, 2011 J U D G M E N T The petitioners are candidates who participated in the selection process conducted by the first respondent board for appointment to the post of Junior Clerk in the second respondent bank. After the selection process was held, a ranked list of candidates was published on 4.11.2010. As per the provisions of rule 184(3) of the Kerala Co-operative Societies Rules, the bank has to make appointments from the ranked list within one month from the date of publication. The main grievance voiced by the petitioners is that though they are rank Nos.1, 3, 4 and 5 respectively in the ranked list, till date, appointments have not been made notwithstanding the fact that vacancies of Junior Clerk exist in the bank. In this writ petition, the petitioners seek a direction to respondents 2 and 3 to appoint them as Junior Clerks in the second respondent bank. 2. A statement has been filed on behalf of respondents 2 and 3 wherein the contention of the petitioners that their appointments are being indefinitely delayed, has been denied. However in the last paragraph of the statement dated 14.1.2011 it is stated that the WPC No.731/2011 2 petitioners will be appointed without further delay. The additional respondents have in the statement filed in support of the application for impleading stated that the staff strength will be reduced if the bank is reclassified and therefore till the Joint Registrar of Co- operative Societies takes a decision as regards the classification of the bank, appointments cannot be effected. 3. I have considered the submissions made at the Bar by the learned counsel on either side. In view of the stand taken by respondents 2 and 3 in the statement dated 14.1.2011 that the petitioners will be appointed shortly, the grievance of the petitioners stand redressed. However additional respondents 5 to 8 have taken the stand that till the Joint Registrar of Co-operative Societies reclassifies the bank, appointments cannot be effected. Additional respondents 5 to 8 are none other than members of the Board of Directors of the second respondent bank. They have no case that the Joint Registrar has reclassified the bank as a result of which the staff strength has been reduced. They do not dispute the fact that the petitioners occupy very high ranks in the ranked list or the fact that the ranked list has been published and is in force. The additional respondents do not also challenge the selection process. WPC No.731/2011 3 In such circumstances, as the bank has not been reclassified resulting in reduction of the staff strength, I am of the opinion that the additional respondents cannot legitimately object to the decision taken by the second respondent bank to appoint the petitioners who are candidates selected and included in the ranked list. I accordingly dispose of this writ petition with a direction to the respondents to appoint the petitioners and other eligible candidates against the existing vacancies of Junior Clerk, having due regard to the rules of reservation and the rank of the candidates. Orders in that regard shall be issued and the vacancies filled up expeditiously and in any event within one month from today. P.N.RAVINDRAN, (JUDGE) vps WPC No.731/2011 4 WPC No.731/2011 5