IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 18199 of 2003(N) -------------------------- PETITIONER(S): ---------------------- SHIBU.N., S/o.NARAYANA PILLAI, CHERUKARA VEEDU, KEDUKULAM, ELAKAMON P.O., VARKALA – 695 310. BY ADV. SRI.A.P.CHANDRASEKHARAN, SENIOR ADVOCATE SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR RESPONDENT(S): ------------------------- 1. THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, EAST FORT, P.O.TRIVANDRUM – 23. 2. THE GENERAL MANAGER, THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, EAST FORT, P.O.TRIVANDRUM – 23. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. GOVERNMENT PLEADER MR.P.NANDA KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 18199 of 2003 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the Gazette Notification dtd.26/11/99. Ext.P2 :- Copy of the experience certificate of the petitioner dtd.20/8/2001. Ext.P3 :- Copy of the advice memo dtd.7/5/2003. Ext.P4 :- Copy of the appointment order dtd.2/6/2003. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.18199 OF 2003 --------------------------------------- Dated this the 23rd day of November, 2010 JUDGMENT This writ petition is filed by the petitioner seeking the following reliefs: “1. To issue a writ of mandamus or any other appropriate writ order or directions directing the respondents 1 and 2 to permit the petitioner to join duty as ordered in Exhibit P4. 2. to issue appropriate directions directing the respondents 1 and 2 not to fill up the post of clerk/cashier in which the petitioner is appointed vide Exhibit P4 pending disposal of the Writ Petition.” On 20.6.2003, this Court passed the following interim order: “The request made in the petition is for not filling up of the post of Clerk/Cashier to which the petitioner is appointed by Ext.P4 order. Ext.P4, prima facie confers rights of appointment on the petitioner. Standing Counsel for the Bank however refers to a communication of the PSC, wherein it is indicated that the candidate should be continuing in the service of the Cooperative Institution at the time of appointment. Prima facie, it appears to be beyond jurisdiction of the power of the PSC. Therefore, there will be an interim direction to the second respondent to appoint the petitioner, as advised by Ext.P4 within one week from today. This will be subject to further orders that will be passed in this OP.” The learned counsel for the petitioner submits that pursuant to W.P.(c)No.18199/03 2 the interim order, the petitioner has been appointed and the petitioner has been continuing for the last seven years and therefore, the writ petition may be disposed of in terms of the interim order. 2. No counter affidavit has been filed. Therefore, the matter was heard. In the facts and circumstances of the case, I am satisfied that the writ petition can be disposed of in terms of the interim order. Accordingly, the writ petition is disposed of in terms of the interim order and the petitioner's service pursuant to the appointment shall be regularised. S. SIRI JAGAN, JUDGE acd W.P.(c)No.18199/03 3 W.P.(c)No.18199/03 4