IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 3629 of 2011(C) ----------------------------------- PETITIONER(S): ------------------------ PRESIDENT, MELUKAVU HOUSING CO-OPERATIVE SOCIETY LTD. NO.K.671, MELUKAVUMATTOM PIN-686652. BY ADV. SRI.P.N.MOHANAN SMT.I.VINAYAKUMARI RESPONDENT(S): --------------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. REGISTRAR OF CO-OPERATIVE SOCIETY, THIRUVANANTHAPURAM-695001. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), KOTTAYAM-686601. GOVERNMENT PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 3629 OF 2011 -------------------------- Dated this the 4th day of February, 2011 J U D G M E N T Ext.P8 order passed by the Government on 10.12.2010 declining the request of the Melukavu Housing Co-operative Society to engage Sri. V.J.Sebastian, the Secretary of the Society who attained the age of superannuation on 31.3.2010 to continue to work as Secretary on contract basis is under challenge in this writ petition. It is not in dispute that the Secretary attained the age of superannuation namely 58 years on 31.3.2010. The managing committee of the society however passed a resolution on 20.11.2009 to seek the permission of the Department/Government to enable the society to continue him in service even after the age of his retirement on a contract basis. An application in that regard was submitted to the Joint Registrar of Co-operative Societies. He in turn directed the President of the society by Ext.P4 letter dated 18.6.2010 to disengage the Secretary. That was the subject matter of a writ petition which was disposed of by Ext.P5 judgment with a direction to the Government to consider the request made in the representation filed by the President of the Society. Though a writ appeal was filed, the said direction was maintained. The Government thereafter heard the petitioner and passed Ext.P8 order. The Government held that before the society took a decision to retain the Secretary in service on contract basis, it had WPC No.3629/2011 2 not obtained the prior approval of the Registrar in terms of rule 185(a) of the Kerala Co-operative Societies Rules and therefore the request cannot be allowed. 2. The petitioner has no case that the prior permission of the Registrar of Co-operative societies which is necessary in terms of rule 185 (a) of the Kerala Co-operative Societies Rules, 1969 was sought before the society took a decision to retain the outgoing secretary in service. The main ground raised is that the society is not financially viable, that it has only two employees namely the Secretary and a peon and if the Secretary is allowed to retire, the society will not have the services of an experienced person. It is however conceded that a Junior Clerk has recently been appointed. The society cannot be said to be unaware of the fact that at some point of time or the other the Secretary will have to retire from service on attaining the age of superannuation. This should certainly have alerted them about the need to have the services of another person. The society should have in my opinion taken timely steps to recruit a Junior Clerk long before the retirement of the Secretary so that by the time the Secretary retires, the Junior Clerk will gain experience. In the instant case, the attempt of the petitioner is to retain the person in whom he is interested in the service of the society notwithstanding the fact that he has attained the age of superannuation. The managing committee of the society had not WPC No.3629/2011 3 obtained the prior approval of the Registrar of Co-operative Societies before it resolved to retain him in service. The society is not retaining the Secretary in service without payment of any honorarium or salary or allowances. The pleadings disclose that the Secretary is being paid Rs.20,000/- per mensem. The services of a Junior Clerk can be had at a much lesser expense if the society is not financially viable. In such circumstances, I am not satisfied that the petitioner has made out a prima facie case warranting interference with Ext.P8. The writ petition fails and is dismissed in limine. P.N.RAVINDRAN, (JUDGE) vps WPC No.3629/2011 4 WPC No.3629/2011 5