IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 33714 of 2008(L) -------------------------------------- PETITIONER(S): --------------------- SHAJI.D, VARANIPADEETTATHIL, PADA NORTH, KARUNAGAPPALLY. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): ------------------------ 1. PATTATHANAM SERVICE CO-OPERATIVE BANK LTD., MUKUNDAPURAM.P.O, CHAVARA, KOLLAM, REPRESENTED BY ITS PRESIDENT/SECRETARY. 2. STATE OF KERALA, REPRESENTED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, KOLLAM. R2, R3 BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.33714 of 2008 ================================== Dated this the 17th day of November, 2008. JUDGMENT Learned Government Pleader appears for respondents 2 and 3. In the nature of the direction being granted hereunder, notice to the first respondent is dispensed with preserving its right to move for review of this judgment, if aggrieved. 2. Petitioner is a commerce graduate. He says that he is crippled by the locomotor disability. He was appointed temporarily as a Junior Clerk with the first respondent on 2-12-1999 and was discharged on 27-5-2000. He states that thereafter he is being retained as a daily rated employee. 3. The materials on record disclose that the WPC33714/08 -:2:- petitioner has been running from pillar to post for appropriate continuous employment and for regularization in service. All that respondents 2 and 3 have called for is the report to which the authorities of the first respondent society have turned a deaf ear. This is the contention of the petitioner. 4. If Exts.P5 and P6 had not been acted upon by the President/Secretary of the first respondent till now, it discloses a very unfortunate situation and breach of duties attached to the office of the President or Secretary of the society, Ext.P5 being in February, 2006 and Ext.P6 in November, 2007. It demonstrates a case of human rights violation. In the aforesaid situation, this writ petition is ordered directing that the President and Secretary of the first respondent shall forthwith sent a report to the third respondent in terms of WPC33714/08 -:3:- what is called for in Exts.P5 and P6. They shall also state by separate affidavits, to be placed before the Registrar General of this Court as to why each of them shall not be mulcted with the liability to pay Rs.1,00,000/- each as compensation to the petitioner, the said amount reflecting much less than what the petitioner would have earned had he been regular service. Such affidavit shall be placed within a period of three weeks from the date of receipt of a copy of this judgment. List after one month for ascertaining compliance of this judgment as to affidavits. Thottathil B.Radhakrishnan, Judge. sl.