IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 13805 of 2008(R) -------------------------- PETITIONER: ------------ VASANTHA RANI,ACCOUNTANT CUM CLERK, DISTRICT CANCER CENTRE SOCIETY,KOZHENCHERY, PATHANAMTHITTA. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: --------------------- 1. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. CHAIRMAN,DISTRICT CANCER CENTRE SOCEITY DISTRICT HOSPITAL KOZHENCHERY,PATHANAMTHITTA. BY GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 13805 of 2008 -------------------------- Dated this the 23rd May, 2008 J U D G M E N T Petitioner was appointed by the 2nd respondent which is a Society, as Accountant-cum-Clerk on a consolidated pay. Apparently, according to the petitioner, the Society had decided to terminate the services of the petitioner as Accountant cum Clerk. By Exhibit-P2, petitioner has been intimated that the governing body of the Society has resolved to terminate the services of the petitioner and communication is also brought to the notice of the Employment Exchange. Petitioner challenges Exhibit-P2. 2. Learned counsel for the petitioner submits that the 2nd respondent was competent to appoint the petitioner as an Accountant. Going by Exhibit-P1, petitioner is discharging the functions of Accountant-cum-Clerk and therefore the Committee cannot dispense with the services of an employee appointed to a post to which appointment could be affected only by the Government. I am unable to accept the submission. If the W.P ( C) No. 13805 of 2008 2 committee was incompetent to appoint an Accountant-cum-Clerk then the dispensation of the services of the petitioner from the said post is only rectification of an error which had been committed earlier. I do not find any grounds to interfere with Exhibit-P2 as such. Nevertheless, if the 2nd respondent is desirous of retaining the services of petitioner as an Accountant cum Clerk and there are vacancies then it is open to the petitioner to represent the same before the 2nd respondent. Subject to this right, the writ petition is disposed of. (V.GIRI, JUDGE) ma W.P ( C) No. 13805 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007 W.P ( C) No. 13805 of 2008 2 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.