IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 WP(C).No. 20977 of 2010(V) ---------------------------------------- PETITIONER(S): ------------------------ THE MELUKAVU HOUSING COOPERATIVE SOCIETY LTD.NO.K.671,MELUKAVUMATTOM P.O., KOTTAYAM, REPRESENTED BY ITS PRESIDENT ABRAHAM MATHEW. BY ADV. SRI.JOSE J.MATHEIKEL RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESNTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF COOPERATIVE SOCIETIES, THIRUVNANTHAPURAM. 3. THE JOINT REGISTRAR OF COOPERATIVE SEOCIETIES, COLLECTORATE BUILDINGS, KOTTAYAM. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 20977 OF 2010 V ----------------------------------------------------------- Dated this the 7th July, 2010. JUDGMENT The petitioner has filed this writ petition complaining of inaction on the part of the first respondent in passing orders on Ext.P4 representation. The petitioner is the Melukavu Housing Cooperative Society Ltd. No: K 671, a co-operative society registered under the Kerala Co-operative Societies Act, 1969 and the Rules thereunder. The secretary of the society Shri. V.J.Sebastian retired from service on attaining superannuation on 31/3/2010. According to the petitioner the only other employee in the society is an attender who is physically handicapped and who is unable to write. Therefore, the society has submitted a request to the co-operative service examination board to select a new clerk for appointment to the society and necessary action for completing the selection is progressing. Since it would take some time for the selection process to be completed, the petitioner had submitted an application to the second respondent through the third respondent for continuing the services of the retired Secretary, on contract basis. On the direction of the second respondent, the petitioner has submitted Ext.P4 request to the Government seeking WPC 20977/2010 2 permission for continuance of the Secretary on contract basis, after his retirement. 2. Since no orders were passed on Ext.P4 which was submitted as early as on 23/3/2010, the petitioner appointed its retired Secretary on contract basis. As per Ext.P6 without even referring to the request of the petitioner that is pending before the first respondent, the petitioner has been directed to terminate the appointment that has been made without obtaining prior approval of the second respondent. 3. The learned senior Govt. Pleader submits that Rule 185A of the rules stipulates prior approval of the second respondent for making the appointment on contractual basis, as done by the petitioner. Since prior approval was not obtained by the petitioner the continuance of the Secretary after his retirement is illegal and therefore Ext.P6 is in order. It is submitted that Ext.P4 would be considered and appropriate orders passed without further delay. 4. I notice that Rule 185A provides that prior approval of the Registrar is necessary for making an appointment on contractual basis. Admittedly the petitioner has not been granted such prior approval. Therefore, it cannot be said that Ext.P6 is not justified. The action of the first respondent in keeping Ext.P4 pending is WPC 20977/2010 3 without any justification. Therefore, it is absolutely necessary that Ext.P4 is considered in accordance with law and appropriate decision taken thereon by the first respondent, without further delay. 5. In the above circumstances this writ petition is disposed of directing the first respondent to consider the request of the petitioner contained in Ext.P4 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment, after giving an opportunity of being heard to the petitioner also. K. SURENDRA MOHAN Judge jj WPC 20977/2010 4