IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 19033 of 2004(Y) --------------------------------------- PETITIONER: ------------------- K.AJIL KUMAR, PANCHIKATTU VADAKKE ATTATHU (SOUPARNIKA), VADAKKUMBHAGAM, CHAVARA SOUTH P.O., KOLLAM DISTRICT. BY ADV. MR.D.SOMASUNDARAM. RESPONDENTS: ------------------------ 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL) KOLLAM. 2. THEKKUMBHAGAM SERVICE CO-OPERATIVE BANK LTD., NO.1731, CHAVARA SOUTH, REPRESENTED BY ITS SECRETARY. 3. NISHA D/O. ALPHONSA, CHRISTINE BHAGAVAN, THEKKUMBHAGAM, CHAVARA SOUTH P.O. 4. THE ADMINISTRATOR, THEKKUMBHAGOM SERVICE CO-OPERATIVE BANK LTD., CHAVARA SOUTH, KOLLAM DISTRICT. R1 BY SPL.GOVT.PLEADER MR. K.S. MOHAMMED HASHIM, R2 & R4 BY ADV. MR.K.K.RAVINDRANATH, R3 BY ADVS. MR.P.C.SASIDHARAN, MR.SHANTI PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009, ALONG WITH W.P.(C). NO. 19115 OF 2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19033/2004-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER ISSUED BY THE BANK DT. 09/10/2003. EXT.P.2: COPY OF THE ORDER PASSED BY R.1. DT. 05/11/2003. EXT.P.3: COPY OF THE JUDGMENT IN W.P.(C). 36975/03 DT. 06/02/2004. EXT.P.4: COPY OF THE JUDGMENT IN O.P. NO. 9439/2003 DT. 22/10/2003. EXT.P.5: COPY OF THE ORDER NO. C.R.P.(2) 1341/2003 DT. 17/06/2004 OF THE R.1. EXT.P.6: COPY OF THE ORDER NO. C.R.P. (2) 7849/2003 DT. 19/06/2004 OF THE R.1. EXT.P.7: COPY OF THE ORDER NO. 18/51/004 DT. 19/06/2004 ISSUED BY R.2. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE RANK LIST FOR THE POST OF PEON PUBLISHED ON 15/03/2003. EXT.R2.B: COPY OF THE RANK LIST FOR THE POST OF NIGHT WATCHMAN PUBLISHED ON 15/03/2003. EXT.R2.C: COPY OF THE BOARD RESOLUTION NO. 27/2003 DTD. 19/05/2003. EXT.R2.D: COPY OF THE FEEDER CATEGORY SUB RULES OF THE R.3. EXT.R2.E: COPY OF THE RESOLUTION NO. 51 DTD. 19/06/2004. EXT.R2.F: COPY OF THE ORDER DTD 19/06/04 BY THE PART TIME ADMINISTRATOR, THEKKUMBHAGOM SERVICE CO.OPERATIVE BANK. EXT.R2.G: COPY OF THE LETTER NO. 1250/2003 DTD. 19/06/2004, ISSUED BY THE ASST. REGISTRAR, KARUNAGAPPALLY TO THE SECRETARY, THEKKUMBHAGAM SERVICE CO- OPERATIVE BANK. EXT.R2.H: COPY OF THE POSTAL RECEIPTS. EXT.R2.I: COPY OF THE CERTIFICATE OF POSTING. EXT.R2.J: COPY OF THE LETTER DTD. 22/06/04 GIVEN BY THE SECRETARY OF THE R.3 TO THE PART TIME ADMINISTRATOR. EXT.R2.K: COPY OF THE RESOLUTION NO. 19 DTD. 23/06/2004 PASSED BY THE R.2. W.P.(C). NO.19033/2004-A: EXT.R2.L: COPY OF THE ORDER DTD. 06/07/2004 PASSED BY THE JOINT REGISTRAR. EXT.R2.M: COPY OF THE RESOLUTION NO. 57 DTD. 07/07/2004 PASSED BY THE R.2. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ================ W.P.(C) NOs. 19033 & 19115 OF 2004 ========================== Dated this the 12th day of August, 2009 J U D G M E N T The issues raised in these writ petitions being common, these cases are disposed of by this common judgment. For convenience, I shall be referring to the facts as pleaded in WP(C) No.19033/2004. 2. Two posts of peon and one post of night watchman were notified by the 2nd respondent inviting applications. Accordingly selection was held and appointments were made on 2/4/2003. It is stated that at that time there were five vacancies of Junior Clerks in the Bank. According to the petitioners, the two peons appointed on 2/4/2003 were posted as Junior Clerks by order dated 3/10/2003 on working arrangement basis. In the consequent two posts of peons, which were vacated by the aforesaid persons, petitioners in these writ petitions were appointed and Ext.P1 in WP(C) No.19033/04. is the order of appointment issued to the petitioner therein. 3. Against the appointments, complaints were made to the Joint Registrar and by Ext.P2 order dated 5/11/2003 although WPC 19033 & 19115/04 :2 : the posting of the two peons as Junior Clerks on working arrangement basis was upheld, on the basis that there was no vacancy of peon to have appointed the petitioners herein, the Joint Registrar, by Ext.P2 order, rescinded the resolution exercising his powers under Rule 176 of the Kerala Co-operative Societies Rules. Ext.P2 order was challenged before this Court in WP(C) No.36975/03. That writ petition was disposed of by Ext.P3 judgment dated 6/2/2004 quashing Ext.P2 order on the ground that the same was passed without hearing affected parties. Accordingly, the Joint Registrar was directed to hear the parties and pass fresh orders. 4. Thereupon, the Joint Registrar considered the mater and by Ext.P5 order dated 17/6/2004, although the allegations against the selection process and the appointments made on 2/4/03 were upheld, the Joint Registrar held the appointment of the petitioners made on 3/10/2003 to be irregular as according to him, there was no vacancy to have appointed them. In implementation of the said order of the Joint Registrar, by Ext.P7, the petitioner in WP(C) No.19033/04 was terminated. Similar order was issued to the petitioner in WP(C) No.19115/2004 also. WPC 19033 & 19115/04 :3 : It was thereupon that these writ petitions were filed seeking to quash the aforesaid orders and to enable the petitioners to continue in service. 5. The contention raised by the counsel for the petitioners is that the appointments were made within the validity period of the ranked list. According to them, admittedly there were vacancies in the category of Junior Clerks and therefore the posting on working arrangement basis made to two of those vacant posts also has been rightly upheld by the Joint Registrar. In such circumstances, their appointment also have been upheld and they should not have been terminated. During the pendency of these writ petitions, yet another development has taken place. By order dated 6/7/2004, the posting made on working arrangement basis in the category of Junior Clerks was terminated by the Joint Registrar. Accordingly, two persons who were working as Junior Clerks were posted as peons. This order was challenged before this Court in WP(C) No.4416/05 and that writ petition was dismissed as not pressed by judgment dated 4th of June, 2009. Once the working arrangement has been terminated and the beneficiaries were posted as peons, there was no vacancy WPC 19033 & 19115/04 :4 : available in the category of peons to have continued the petitioners appointment. If that be so, petitioners could not have continued as peons. 6. According to the counsel for the petitioners subsequently vacancies have arisen in the category of peons and therefore, since they were also included in the select list finalised pursuant to the notification issued, they ought to be accommodated in those vacancies. However in the vacancy notification, only two posts of peons were notified and appointments also have been made. It is settled position of law that when vacancies have been notified and appointments to the notified vacancies are made, the select list is exhausted and that and no further appointment is possible. {See in this connection Deepthi Vijayakumar v. Joint Registrar of Co-operative Societies and others (2008(4) ILR 19)}. Applying that principle, even if there are future vacancies in the category of peons, the only course available to the Society is to notify those vacancies and make fresh appointments. If that be the legal position, this Court will not be justified in directing the Society to appoint the petitioners to those subsequent vacancies as well. WPC 19033 & 19115/04 :5 : 7. Counsel for the petitioners raised a contention that the postings of peons to the post of Junior Clerks was in effect a case of promotion and therefore there were regular vacancies in the category of peons. I am not in a position to accept this contention. This is for the reason that the Bank, the beneficiaries and the Department also have accepted the arrangement as one on working arrangement basis and it is on that reasoning, this has been upheld by the statutory authorities. That apart, the fact that the working arrangement has been terminated also belies the contention now raised. In the result, writ petitions are only to be dismissed and I do so. ANTONY DOMINIC, JUDGE Rp