IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 18692 of 2009(F) -------------------------- PETITIONER(S): --------------- SREERANJINI.R., SANNIDHANAM, THANNEERMUKKAM, PIN-688527, ALLEPPEY DIST. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): --------------- 1. KAINADY SERVICE CO-OPERATIVE BANK LTD., NO. 3814, REP. BY PRESIDENT, KAINADY.P.O., KUTTANAD, ALAPPUZHA DIST. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANCOMBU,THEKKEKKARA.P.O., ALAPPUZHA DIST. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALAPPUZHA DIST. 4. GOVERNMENT OF KERALA, REP. BYITS SECRETARY, GOVERNMENT CO-OPERATION DEPARTMENT SECRETARIAT, TRIVANDRUM. 5. REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.18692 OF 2009 ------------------------ Dated this the 3rd day of July, 2009. JUDGMENT Petitioner submits that, her mother Smt. Ambikakumari was the Secretary of the first respondent Society. She expired on 19.4.2006. Subsequently, petitioner submitted Ext.P1 application for employment, as provided under Rule 188A of the Kerala Co-operative Societies Rules, to the post of Junior Clerk. However, the Society passed resolution dated 30.7.2008 to appoint the petitioner as Peon subject to the approval of the Registrar. There was inordinate delay in processing the matter and therefore she moved the Assistant Registrar, who by Ext.P8 informed the petitioner that the matter has been placed before the Registrar for orders. Complaining that there is delay, the petitioner moved the Government, which resulted in Ext.P9 memo. In Ext.P9, Government informed WP(c).No18692/09 2 the petitioner that in view of the financial constraints of the first respondent Bank that the petitioner can be appointed as Peon and that his case will be reconsidered as and when the situation improves. Petitioner, thereafter, again moved the Registrar by Ext.P10 for orders in the matter, in terms of the Scheme and orders have not been passed so far. It is mainly aggrieved by Ext.P9 and for directing the Registrar to pass orders on Exts.P5 and P10 the writ petition is filed. 2. Admittedly, the scheme provides that final order in a matter of this nature is to be passed by the Registrar and therefore Ext.P9 need only be considered as a communication not reflecting a decision on the claim raised by the petitioner. 3. As is evident from Ext.P8, the Assistant Registrar has placed the proposal before the Registrar of Co-operative Societies and Ext.P10 representation filed by the petitioner is also pending consideration of the Registrar. Therefore it is essential for the Registrar to take a final decision on the claim for appointment raised by the petitioner WP(c).No18692/09 3 Therefore, I dispose of this writ petition directing the first respondent to consider the proposal mentioned in Ext.P5 and P10 representations submitted by the petitioner with notice to the petitioner and the first respondent and in accordance with the scheme regulating appointment on compassionate grounds. Orders as above shall be passed as expeditiously as possible and at any rate within 3 months from the date of production of a copy of the judgment along with a copy of the writ petition. (ANTONY DOMINIC) JUDGE vi/ WP(c).No18692/09 4