IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 W.P.(C).No.28928 of 2004(R) ----------------------------------------------------- PETITIONER:- -------------------- 1. THE PRESIDENT, ANAD FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.919, ANAD P.O. 695 544. NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. 2. ANAD FARMERS SERVICE CO-OEPRATIVE BANK LTD., NO.919, ANAD P.O. 695 544, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.P.N.SANTHOSH SRI.NAVEEN.T RESPONDENTS:- ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OEPRATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- W.P.(C).NO.28928 OF 2004-R. APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 - TRUE COPY OF ORDER NO.C..RP.(2).363/04 DT.19.1.2004 ISSUED BY 3RD RESPONDENT. EXT.P2 - TRUE COPY OF COMMUNICATION NO.519/03, DT.28.1.2004 SENT BY THE 1ST PETITIONER TO THE 3RD RESPONDENT. EXT.P3 - TRUE COPY OF ORDER NO.C.R.P.(2)363/2004 DATED 17.2.2004 ISSUED BY THE 3RD RESPONDENT. EXT.P4 - TRUE COPY OF REPRESENTATION DT.11.3.2004 FILED BY THE BANK TO THE 2ND RESPONDENT. EXT.P5 - TRUE COPY OF APPEAL DATED 9.3.2004 FILED BY THE BANK TO THE GOVERNMENT. EXT.P6 - TRUE COPY OF ORDER, G.O.(Rt.) NO.199/95/CO-OP. DATED 8.5.1995 ISSUED BY THE GOVT. EXT.P7 - TRUE COPY OF JUDGMENT DATED 22ND MARCH, 2004 IN W.P.(C).NO.9539/2004 OF THIS HON. COURT. EXT.P8 - TRUE COPY OF ORDER NO.C.R.P.(2).363/2004 DATED 24.7.2004 ISSUED BY THE 3RD RESPONDENT. EXT.P9 - TRUE COPY OF ORDER NO.C.R.P.(2).363/2004, DATED 4.8.2004 ISSUED BY THE 3RD RESPONDENT. EXT.P10 - TRUE COPY OF ORDER, G.O.(Rt.)NO.508/2004/CO-OP. DATED 10.9.2004 ISSUED BY THE GOVT. RESPONDENT'S EXHIBITS:- ---------------------------------------- NIL. - TRUE COPY - Thottathil B.Radhakrishnan,J. --------------------------------------- W.P.(C).No.28928 of 2004-R --------------------------------------- Dated, this the 4th day of June, 2008 JUDGMENT Heard learned counsel for the parties. 2. The petitioner is stated to be a Co-operative Society running on profit. With the passage of time, it appears, to manage the workload of the establishment, it had engaged different persons and as noticed by this Court way back on 22.03.2004 in Exhibit P7 judgment, such engagement, though on daily basis, temporary basis, contract basis and other methods, the fact remained that those personnel were continuing to work for the establishment. 3. Having regard to the fundamental principle that public employment cannot be made by engaging persons without resorting to the transparent method of selection and appointment, the impugned orders of the Government cannot be found fault with in so far as it confirms the fact that the workers referred to in the impugned Government Order were not persons who were recruited following the regular procedure. But, it is also a fact that in spite of Exhibit P7 direction, the Government are yet to consider the question of sanctioning additional posts having regard to the turnover and the need of the petitioner establishment. As noticed in Exhibit P7 WP(C).No.28928 of 2004 - 2 - judgment, the concerned employees have been working in the establishment over a decade or more, I do not deem it appropriate to disturb their continuance in spite of the impugned Government Order, without the further consideration of the question of enhancing the staff strength and granting additional posts in the establishment of the petitioner. 4. For the aforesaid reasons, while confirming the impugned Government Order and repelling all challenges against it, it is directed that following Exhibit P7 a decision shall be taken by the Government regarding creation of additional posts as may be required on assessment of the need of the establishment of the petitioner. The writ petition is ordered accordingly. Thottathil B.Radhakrishnan Judge vku/-