IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE 8TH DAY OF DECEMBER 2011/17TH AGRAHAYANA 1933 WPC.No. 28021 of 2011 (C) PETITIONER : 1. SUJATHA P.V., AGED 38 YEARS, W/O.K.P.GOPALAN, VALIYAPOYIL, KODAKKAD, KASARAGOD DISTRICT. (NOW WORKING AS MESSENGER AGAINST LEAVE VACANCY, NORTH MALABAR GRAMIN BANK). BY ADV.SRI.M.V.AMARESAN RESPONDENTS : 1. NORTH MALABAR GRAMIN BANK, REPRESENTED BY ITS CHAIRMAN, KANNUR, PIN - 670 001. 2. THE GENERAL MANAGER, NORTH MALABAR GRAMIN BANK KANNUR. PIN - 670 001. R1 TO R2 BY ADV.SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-12-2011 , ALONG WITH WPC. 29764/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM -2- WPC.No. 28021 of 2011 (C) APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF INTERIM ORDER IN W.P.(C) NO.36859/2010 DATED 06.05.2011 ON THE FILE OF HON'BLE HIGH COURT. P2 : COPY OF REPRESENTATION DATED 10.10.2011 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. P3 : COPY OF APPLICATION MADE AS PER RIGHT TO INFORMATION ACT DATED 10.10.2011 TO THE RESPONDENT. P4 : COPY OF REPLY ISSUED BY THE RESPONDENT DATED 10.11.2011 P5 : COPY OF CIRCULAR DATED 25.07.2011 ISSUED BY THE RESPONDENT. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE RKM K.SURENDRA MOHAN, J = = = = = = = = = = = = = = = = = WP(C).Nos.28021 & 29764 of 2011. = = = = = = = = = = = = = = = = = Dated this the 8th December, 2011. J U D G M E N T Since the issue raised in these writ petitions are identical, they are considered and disposed of together. 2. The petitioners in both these writ petitions are persons who were working as Messengers in leave vacancies in the various branches of the North Malabar Gramin Bank. According to the petitioners, they have been working continuously since 1991. One of the petitioners is also a handicapped person. It is the further allegation of the petitioners that the Bank has been giving permanent posting to those who were working in the leave vacancies. When the Bank denied to the petitioners a chance to compete with others for regular appointment, the petitioners had approached this Court and by Ext.P1 interim order, they were also directed to be considered. WP(C).Nos.28021 & 29764/2011. 2 Accordingly, though they had participated in the selection process, they were not successful in being selected for appointment. 3. The petitioners have filed the present writ petitions alleging that even now there are a large number of vacancies that are going to be filled up by the Bank. The petitioners, relying on information received by them under the provisions of the Right to Information Act, which has been produced as Ext.P3, in WP(C).No.28021/2011, contend that there are 38 vacancies of Messengers available for being filled up. They seek a further chance to compete in any selection process that may be initiated by the Bank for filling up the said vacancies. 4. Advocate Devan Ramachandran, who appears for the respondents submits that the recruitment is conducted by the Bank as per the provisions of the Regional Rural Banks (Appointment and Promotion of Officers and Employees) Rules, 2010. According to the counsel, as per WP(C).Nos.28021 & 29764/2011. 3 the rules, the petitioners are over aged to be considered for such appointment. 5. Since the petitioners only claim a chance to compete with others for being appointed to the vacancies that are in existence, it is sufficient that this writ petition is disposed of directing the petitioners also to be considered. 6. This writ petition is accordingly disposed of directing the respondents to consider the petitioners also for appointment to the vacancies of Messengers that are in existence, while initiating steps to fill up such vacancies, provided the petitioners are eligible for such selection as per the rules applicable to such recruitment. Ordered accordingly. K.SURENDRA MOHAN, (Judge) Kvs/-