IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 36498 of 2009(F) -------------------------------------- PETITIONER: ------------------- P.BHASKARAN, S/O. SANKARAN (LATE) PALATHINGAL HOUSE, KALLIPADAM P.O., SHORANUR – 679122. BY ADV. MR.SAIBY JOSE KIDANGOOR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD. 4. THE KULAPPULLY SERVICE CO-OPERATIVE BANK, NO.4589, REPRESENTED BY ITS SECRETARY, KULAPPULLY, SHORNUR-2. R1 TO R3 BY SR. GOVT. PLEADER MR. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 36498 of 2009 - F ---------------------------------------- Dated 5th January, 2010 Judgment The petitioner is presently working as Night Watchman in the fourth respondent bank. He was initially appointed as Night Watchman on 29.8.1989. Claiming regularisation in service, he filed Ext.P1 representation before the Joint Registrar of Co-operative Societies (General), Palakkad. By Ext.P3 order passed on 29.9.2009, the Joint Registrar declined to grant regularisation. Aggrieved thereby the petitioner filed Ext.P4 representation before the Registrar of Co-operative Societies. The Registrar of Co-operative Societies forwarded the said representation to the Joint Registrar of Co-operative Societies (General), Palakkad and informed the petitioner accordingly by Ext.P5 letter dated 20.11.2009. Ext.P5 is under challenge in this writ petition wherein the petitioner seeks a direction to the Registrar of Co-operative Societies to consider Ext.P4 and pass orders thereon in accordance with law. 2. The petitioner has not been able to point out any provision in the Kerala Co-operative Societies Act or the Rules framed thereunder which empowers the Registrar of Co-operative Societies W.P.(C) No.36498/2009 2 to revise Ext.P3. Further, the claim made by the petitioner is for regularisation in service based on his long and continuous employment in the fourth respondent bank. In my opinion, if the petitioner is aggrieved by Ext.P3, he ought to have moved the Government by filing an appeal under section 83 (1) (j) of the Kerala Co-operative Societies Act, 1969. I accordingly dispose of this writ petition with a direction that in the event of the petitioner filing an appropriate appeal/representation before the State Government challenging Exts.P3 and P5 and seeking redressal of his grievances, the Government shall consider the same after notice to and affording the petitioner and fourth respondent bank a reasonable opportunity of being heard expeditiously and in any event within six months from the date on which such a representation/appeal is filed before the Government. It will be open to the petitioner to supplement Ext.P4 by filing an additional representation. P.N.RAVINDRAN Judge vaa