IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 14599 of 2005(M) --------------------------------------- PETITIONERS: --------------------- 1. SUDHAKARAN E.T., S/O. NARAYANAN NAIR, PANAPUZHA P.O., KANNUR. 2. RAMESAN, AMBADI HOUSE, THALIPARAMBA. 3. SATHEESAN K., KONDAN HOUSE, ODATHIL PEEDIKA, P.O. MAMBA, KANNUR. 4. PRAKASAN M., S/O. CHANDU, ADUTHILA, PAYANGADI P.O., KANNUR. BY ADVS. SRI.I.V.PRAMOD, SRI O. V MANI PRASAD. RESPONDENTS: ------------------------ 1. THE KANNUR DISTRICT CO-OPERATIVE BANK, REPRESENTED BY ITS GENERAL MANAGER, KANNUR. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, TRIVANDRUM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. R1 BY ADV. SRI.P.NARAYANAN, R2 BY SRI. ALEXANDER THOMAS, SC, KPSC, R3 BY SR. GOVT. PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14599/2005-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS DTD. 30/01/2004 OF THE R.1. EXT.P.2: COPY OF THE PROCEEDINGS DTD. 07/06/2004 OF THE R.1. EXT.P.3: COPY OF THE INTERIM ORDER DTD. 14/09/2004 IN W.P.(C).NO.17886/2004. EXT.P.4: COPY OF THE INTERIM ORDER DTD. 25/05/2005 IN W.P.(C).NO.15310/04 AND CONNECTED CASES. EXT.P.5: COPY OF THE PROCEEDINGS DTD. 30/11/2004 OF THE R.3. EXT.P.6: COPY OF THE LIST OF PEONS WITH THE RELEVANT DATES OF PROMOTION. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE AFFIDAVIT FILED BY THE THEN GENERAL MANAGER IN CHARGE OF THIS RESPONDENT BANK IN W.P. 17886/04. EXT.R1.B: COPY OF THE INTERIM ORDER DTD. 15/03/2007 PASSED BY THIS HON'BLE COURT IN W.P. 31364/2007. EXT.R1.C: COPY OF THE ADDL. AFFIDAVIT FILED BY THIS RESPONDENT IN W.P. 31364/2004. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.14599 of 2005 --------------------------------- DATED THIS THE 2nd DAY OF JUNE, 2010 JUDGMENT The matter was dismissed as infructuous by judgment dated 1.6.2010. But the learned counsel for the petitioner represented that the issue has to be disposed of on merits. Accordingly the judgment dated 1.6..2010 is recalled. 2. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Bank, the learned Government Pleader and the learned Standing Counsel for the Kerala Pubic Service Commission. The issue relates to the appointment to the post of Clerk/Cashier in the Kannur District Co-operative Bank from the rank list prepared by the PSC, which expired on 31.12.2004. According to the Bank, only 24 vacancies were reported to the PSC and no additional vacancies were sanctioned by the Registrar of Co-operative Societies. It is disputed by the petitioners in this Writ Petition. Therefore, what is the actual number of vacancies is a matter which requires deeper examination of the various aspects W.P.(C)No.14599/05 -2- including the assessment of the staff pattern, etc. If the petitioners move the Registrar of Co-operative Societies with a proper representation in the matter, the same will be considered by the Registrar in accordance with law after hearing them and the Bank also. If the petitioners file detailed representations within a period of one month, final orders will be passed by the Registrar of Co-operative Societies, within a further period of five months. It is made clear that I have not expressed anything on the merits of the pleas raised by the respective parties. The Writ Petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn