IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 13323 of 2011(M) -------------------------- PETITIONER : --------------- K.K.RATHISH, KUMBALAM THADATHIL HOUSE, MULAKULAM (N) P.O., PIRAVOM. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE MULAKULAM SERVICE CO-OPERATIVE BANK LTD.NO.1097, MULAKULAM NORTH P.O., PIRAVOM, REPRESENTED BY ITS SECRETARY, PIN-686 664. 2. THE SECRETARY, MULAKULAM SERVICE CO-OPERATIVE BANK LTD.NO.1097, MULAKULAM NORTH P.O., PIRAVOM, PIN-686 664. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM, PIN-682 018. BY GOVT. PLEADER SRI.P.M.MANOJ. ADVS. SRI.T.A.SHAJI, S.C. SMT.MALU JOHN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13323 of 2011(M) APPENDIX PETITIONER(S) EXHIBIT :- EXT.P1 : TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER. RESPONDENT(S) EXHIBITS :- ANNEXURE- A : TRUE COPY OF THE REVISED STAFF PATTERN ORDER NO.CRP. (2) 3239/04/K.DIS. DATED 22-12-2004. ANNEXURE- B : TRUE COPY OF THE NOTIFICATION PUBLISHED IN MANGALAM DAILY IN ITS ISSUE DATED 21-12-2008. ANNEXURE -C : TRUE COPY OF THE RESOLUTION DATED 25-04-2009. TRUE COPY P.A TO JUDGE amk. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 13323 OF 2011 -------------------------- Dated this the 20th day of September, 2011 J U D G M E N T The petitioner applied for appointment as Attender in the first respondent bank pursuant to a notification issued by the bank. A ranked list was prepared and it was published on 25.4.2009. It had a validity period of two years. This writ petition is filed contending that though there were two vacancies and only one vacancy was filled up by appointing the first rank holder, the second vacancy has not been filled up. The petitioner contends that as he is the next eligible candidate entitled to be appointed in the existing vacancy, the third respondent ought to have considered the request made by him in Ext.P1 representation and directed the first respondent bank to appoint him as Attender. 2. The learned standing counsel appearing for respondents 1 and 2 has filed a statement dated 23.5.2011. It is stated that as per the approved staff pattern the sanctioned strength of Attender in the first respondent bank is two, that the said posts are held by Sri.V.M.Prakasan and Sri.Shaiju Pathrose, that there WPC No.13323/2011 2 was only one post as on the date of notification and the said vacancy was filled up by appointing Sri.Shaiju Pathrose and that there is no vacancy in the post of Attender. It is also contended that the ranked list ceased to be in force on 24.4.2011. 3. It is evident from the pleadings and materials on record that only one vacancy in the post of Attender was notified for appointment and that the said vacancy was filled up by the candidate ranked first in the ranked list. The petitioner does not dispute the fact that only one vacancy was in existence and that it has been filled up. He does not also dispute that the ranked list ceased to be in force on 24.4.2011. The instant writ petition was filed on 10.5.2011, after the expiry of the ranked list. Annexure C, a copy of the resolution adopted by the managing committee on 25.4.2009 when it approved the ranked list establishes the fact that it was valid only for a period of two years from 25.4.2009. The petitioner has no case that apart from two vacancies held by Sri.V.M.Prakasan and Sri.Shaiju Pathrose, there is any other post of Attender in the third respondent bank. In any case there is no material before this WPC No.13323/2011 3 Court to hold that in addition to the two posts held by the two persons mentioned above, a third post is in existence. Such being the situation, I am of the opinion that no relief can be granted in this writ petition. The writ petition fails and it is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps