IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 36768 of 2007(B) -------------------------- PETITIONER: ------------ THE SPACE CENTRE EMPLOYEES CO-OPERATIVE SOCIETY LTD., NO.T.1388, VIKRAM SARA BHAI SPACE CENTRE, TRIVANDRUM 695022, REPRESENTED BY THE SECRETARY-IN-CHARGE. BY ADV. SRI.S.JAMES VINCENT RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES, VANCHIYOOR, THIRUVANANTHAPURAM-35. 4. THE UNIT INSPECTOR (PATTOM) AND SENIOR CO-OPERATIVE INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES, OPPOSITE FIRE STATION, TRIVANDRUM-1. 5. JALAJA PRATHAP, 'SHIVAPOOJA', KP 9/197, KACHANI, KARAKULAM P.O., THIRUVANANTHAPURAM-695564. BY SR. G.P. SMT. ANU SIVARAMAN FOR R.1TO4 SRI.P.RAMAKRISHNAN FOR R.5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF PROCEEDINGS NO.O-9511/97/R.DIS.DTD 31.12.1997 OF R3. EXT.P2 COPY OF BYE-LAWS OF THE SOCIETY. EXT.P3 COPY OF JUDGMENT IN O.P.NO.9863/1997 JUDGMENT DTD 27.6.1997. EXT.P4 COPY OF ONE MAN COMMISSION REPORT DTD.30.12.1997. EXT.P5 COPY OF THE REPORT SUBMITTED BY THE SPECIAL COMMITTEE ON 9.11.2005. EXT.P6 COPY OF PETITION DTD 17.11.2005 SUBMITTED BY THE SOCIETY TO R2. EXT.P7 COPY OF THE PETITION DTD 17.1.2006 SUBMITTED BY THE SOCIETY TO R2. EXT.P8 COPY OF REPORT NO.TMA 445/05 DTD 24.2.2006 SUBMITTED BY THE ASSISTANT REGISTRAR TO THE JOINT REGISTRAR EXT.P9 COPY OF APPLICATION SUBMITTED BY R5 ON 3.11.2006 FOR COMPASSIONATE APPOINTMENT. EXT.P10 COPY OF LETTER NO.SCECS-B 186/07 DTD 25..6.2007 ISSUED BY THE SOCIETY TO R5. EXT.P11 COPY OF LETTER NO.CS.5021/07 DTD 7.7.2007 ISSUED BY R3 TO THE SOCIETY. EXT.P12 COPY OF LETTER NO.1685/07/PTM DTD 21.8.07 ISSUED BY R3. EXT.P13 COPY OF DETAILED REPRESENTATION DTD 22.8.07 SUBMITTED BY THE SOCIETY TO R3. EXT.P14 COPY OF LETTER DTD 7.9.07 SUBMITTED BY THE SOCIETY TO R3. EXT.P14(A) COPY OF RESOLUTION NO.9 DTD 6.9.2007. EXT.P15 COPY OF ORDER NO.CS-8540/07 DTD 4.10.2007 ISSUED BY R3. EXT.P16 COPY OF ORDER NO.SCECS/B.269/2007 DTD 5.10.2007 ISSUED BY THE SOCIETY TO S. SREEVALSA. EXT.P17 COPY OF RESOLUTION NO.11 DTD 16.10.2006 EXT.P17(A) COPY OF LOAN INTEREST MARGIN RATIONALISIATION SCHEME 2006 ADOPTED BY THE SOCIETY. EXT.P17(B) COPY OF LETTER NO.SCECS/B.132/2007 DTD 15.5.2007 SUBMITTED BY THE SOCEITY TO R4. EXT.P18 COPY OF ORDER NO.CS1380/07/L.DIS.DTD 18.9.07 ISSUED BY R3. EXT.P19 COPY OF EXPLANATION SUBMITTED TO R2 TO EXT.P15 WITH SPECIFIC DETAILS, ON 15.10.07. EXT.P20 COPY OF ORDER NO.CS.5021/07 DTD 21.11.2007 ISSUED BY R3. EXT.P21 COPY OF RESOLUTION NO.11 DTD 29.11.2007. EXT.P22 COPY OF MEMO NO.SCECS/B-158/2006 DTD 13.6.06 ISSUED TO SMT.S.SREEVALSA. EXT.P23 COPY OF LETTER NOSCECS/B-270/2006 DTD 18.9.06 ISSUED TO SMT.S.SREEVALSA. EXT.P24 COPY OF NOTICE NO.DC/01/06 DTD 13.10.2006 ISSUED TO SMT.S.SREEVALSA EXT.P25 COPY OF PROCEEDINGS NO.DC/07/07 DTD 21.5.07. EXT.P26 COPY OF ORDER NO.SCECS/B.269/2007 DTD 5.10.07 EFFECTING REMOVAL OF S.SREEVALSA FROM SERVICE. EXT.P27 COPY OF CIRCULAR NO.75/07 (ADL(5) 53019/07) DTD 22.12.2007 ISSUED BY THE DEPARTMENT EXT.P28 COPY OF THE JUDGMENT OF THIS COURT DTD 3.8.06 IN WPC.NO.20584/06. EXT.P28(A) COPY OF THE JUDGMENT OF THIS COURT DTD 3.8.06 IN WPC.NO.20585/06. EXT.P29 COPY OF CONSENT DTD 16.10.06 EXECUTED BY THE SON OF R5. EXT.P30 COPY OF THE RELEVANT PAGE (FOLIO 95) OF THE ACQUITTANCE ROLL. EXT.P31 COPY OF LETTER NO.SCESC/B/354 DTD 9.11.2007 ISSUED BY THE PETITIONER TO R5. RESPONDENTS' EXHIBITS: EXT.R5(A) COPY OF CASE SUMMARY RECORD DTD 26.8.06 ISSUED BY THE RCC, THIRUVANANTHAPURAM. EXT.R5(B) COPY OF ANNUAL REPORT OF PETITIONER SOCIETY FOR THE YEAR 2006-07. /TRUE COPY/ cl THOTTATHIL B. RADHAKRISHNAN,J. --------------------------------------------- W.P.(C)NO.36768 OF 2007-B ---------------------------------------------- Dated this the 21st day of July, 2008. JUDGMENT The learned counsel appearing for the parties on either side have been heard quite in extenso on the basis of the pleadings and materials. Having regard to the fact that the fifth respondent's request for compassionate appointment for her son is referable to the unfortunate matters relating to the health of her husband before he died and the fact that the petitioner herself is suffering from cancer, I deem it appropriate that the parties find the way out to meet the situation. The learned counsel on either side have, therefore, discussed the matter among themselves and have graciously stated before this Court that the averments in Paragraph-15 of the reply affidavit dated 4th June, 2008 filed by the writ petitioner could be recorded and the matter be disposed of in terms thereof. Paragraph-15 of the reply affidavit reads as follows: "15. The averments in paragraph 9 are not fully correct. The averment that after the amalgamation under Ext.P1 order, not less than WPC.NO.36768/07 . 2 10 vacancies have arisen in the Society consequent on retirement/death of various employees. On the date of Ext.P1, 18 employees were in excess. The One Man Commission in Ext.P4 Report stated that the staff-strength required for running the Society is only 44, whereas the number of employees on that date was 62. I submit that the relevant date for considering the number of employees is not that of Ext.P1, but of Ext.P4 Report, namely 30.12.1997, after which only 14 employees have retired/died, whereas Ext.P4 Report shows that 18 employees are in excess, that is to say, still there are four employees in excess, whose salary is being paid by the Society gratuitously. The One Man Commission in Ext.P4 Report has recommended that no fresh appointment shall be made until after 2010 and that too, only after satisfying the demand of the 1st applicant for compassionate appointment, and the 5th respondent is only Number 2 in the list for compassionate appointment. Therefore, no relief can be given to the 5th respondent at this point of time, and her grievance would arise for consideration only after 2010, as stated above." 2. In the light of what is aforesaid, there is no reason to assume that the petitioner would not give appointment to the son of the fifth respondent in turn No.2 in the list of persons awaiting compassionate appointment. With that position being cleared, it is directed that such appointments shall be effected immediately on the occurrence of the vacancy that can be so earmarked. Any statutory orders including Exts.P11, P14 and P20 germinated on the WPC.NO.36768/07 . 3 sole ground of non-compliance of the directions of the statutory authorities to make the appointment, shall stand quashed. In view of the directions issued herein, it is further directed that any amount outstanding to the fifth respondent, ie., an amount of Rs.13,027/= as stated in Paragraph 10 of the reply affidavit, shall be released to her within a period of three weeks from now. Ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. cl WPC.NO.36768/07 . 4