IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 49 of 2009(E) ------------------------------------ PETITIONER(S): ------------------------- S.BISHA, W/O. K.R. LALU, MAMATHA, ELAVUMTHITTA P.O., PATHANAMTHITTA (PEON, THIRUVALLA EAST CO-OPERATIVE BANK LIMITED NO. 3260, H.O. ERAVIPEROOR, THIRUVALLA). BY ADVS. MR.S.SUBHASH CHAND, SMT.M.P.MARY. RESPONDENT(S): ---------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETEIS (G), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIEITES (G), PATHANAMTHITTA. 2. KERALA CO-OPERATIVE SERVICE EXAMINATION BOARD, THIRUVANANTHAPURAM-1, REPRESENTED BY ITS SECRETARY. 3. THIRUVALLA EAST CO-OPERATIVE BANK LIMITED NO. 3260, H.O. ERAVIPEROOR, P.O.THIRUVALLA REPRESENTED BY ITS GENERAL MANAGER. 4. MANAGING COMMITTEE/BOARD OF DIRECTORS, THIRUVALLA EAST CO-OPERATIVE BANK LIMITED NO. 3260,H.O. ERAVIPEROOR, P.O. THIRUVALLA, REPRESENTED BY ITS PRESIDENT. Kss ..2/- ...2.... WPC.NO.49/2009 E 5. THE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM. 6. GENERAL MANAGER, THIRUVALLA EAST CO-OPERATIVE BANK LTD., NO. 3260, HO ERAVIPEROOR P.O., THIRUVALLA. *ADDL.R7 IS IMPLEADED: R7. SUBHASH KUMAR U., VRINDAVANAM, KOTTANAD P.O., THIRUVALLA. (*ADD.R7 IS IMPLEADED AS PER ORDER DTD. 2/02/2009 IN I.A.NO.1431/09) R1 BY GOVERNMENT PLEADER MR. I.V. PRAMOD R2 BY ADV. MR. P.V. MOHANAN R3 & R6 BY MR.P.RAVINDRAN, SENIOR ADVOCATE, MR.HARIKRISHNAN RAVINDRAN. ADDL.R7 BY ADVS.MR.V.G.ARUN, MR.T.R.HARIKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.49/2009 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION DTD.20/10/2005 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.3. P1(A): COPY OF THE CERTIFICATE OF JUNIOR DIPLOMA IN CO-OPERATION ISSUED TO THE PETITIONER. P2: COPY OF THE CIRCULAR BEARING NO.37/84 DTD. 25/08/1984 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. P2(A): COPY OF THE CIRCULAR BEARING NO.37A/84 DTD. 13/9/1984 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. P3: COPY OF THE PROCEEDINGS DTD. 15/11/1994 OF RESPONDENT NO.1. P3(A): COPY OF THE FEEDERE CATEGORY SUB RULES OF RESPONDENT NO.3 BANK. P4: COPY OF THE NOTIFICATION DTD. 10/10/2006 ISSUED BY RESPONDENT NO.2. P4(A): COPY OF THE RESOLUTION NO.843 DTD. 14/2/2006 ADOPTED BY RESPONDENT NO.4. P5: COPY OF THE COMMUNICATION DTD. 29/11/2007 ISSUED BY RESPONDENT NO.2 TO RESPONDENT NO.3. P6: COPY OF THE REPRESENTATION DTD. 3/11/2008 BEFORE THE 1ST RESPONDENT. P7: COPY OF THE ORDER DTD. 2/07/2008 PASSED BY THIS HON'BLE COURT IN WPC.NO.19831/2008. P7(A): COPY OF THE ORDER DTD. 6/08/2008 PASSED BY THIS HON'BLE COURT IN WPC.NO.19831/2008. P8: COPY OF THE ARBITRATION CASE NO.158/2008 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.5. Kss ..2/- ..2.... WPC.NO.49/2009 E P8(A): COPY OF I.A.NO.169/2008 IN ARBITRATION CASE NO.158/08 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.5. P9: COPY OF THE JUDGMENT DTD. 5/12/2008 THUS PASSED BY THIS HON'BLE COURT IN W.P.C.NO.34135/2008 (L). P10: COPY OF THE ORDER DTD. 30/12/2008 PASSED BY RESPONDENT NO.5 IN I.A.NO.169/2008 IN ARC N.158/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC,J. --------------------- W.P.(C).No.49 OF 2009 ------------------------ Dated this the 29th day of May, 2009. JUDGMENT Petitioner is a Peon in the 3rd respondent Bank. He aspires for promotion to the post of Junior Clerk. According to the petitioner, the only permissible method of recruitment is, by promotion. As his claim did not find favour with the Bank, he approached the 5th respondent. By Ext.P10, the 5th respondent declined the interlocutory prayer to restrain the Bank from filling up the post by direct recruitment and it was held that the direct recruitment is the permissible method of filling up the vacancies. This writ petition was filed challenging the said order. 2. Initially there was a stay of further proceedings for filling up the vacancies of Junior Clerk. However, subsequently, by order dated 5.3.2009, the said order was modified and the Bank was given the liberty to make WP(c).No.49/09 2 appointments leaving one post vacant. This position continues even as on date. 3. From the order dated 5.3.2009 it is therefore obvious that the interest of the petitioner has been duly taken care of. Therefore, I do not think it necessary for examining the correctness or otherwise of Ext.P10 at this distance of time. All that required is that the 5th respondent should be directed to dispose of the ARC.No.158/08 filed by the petitioner, untrammeled by the findings in Ext.P10, as expeditiously as possible. Therefore it is directed that the 5th respondent shall dispose of the ARC with notice to the parties as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. It is directed that until orders are passed by the 5th respondent in ARC.No.158/08, the position as ordered by interim order dated 5.3.2009 will continue. Writ Petition is disposed of as above. (ANTONY DOMINIC) vi JUDGE WP(c).No.49/09 3 WP(c).No.49/09 4