IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 8596 of 2009(T) ------------------------- PETITIONER: --------------- K.P.NOUSHAD, KACHERI PARAMBIL, ELETTIL, KODUVALLY, KOZHIKODE. BY ADV. SRI.D.SREEKUMAR RESPONDENTS: --------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE. 2. OMASSERI SERVICE CO-OPERATIVE BANK LTD. NO.D.1957, OMASSERI, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY. ADV. SRI.V.G.ARUN FOR R2 SRI.T.R.HARIKUMAR FOR R2 SR. GOVERNMENT PLEADER SRI.I.I.DAVIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON 03/12/2011 DELIVERED THE FOLLOWING: A.M.SHAFFIQUE, J * * * * * * * * * * * * * W.P.C.No.8596 of 2009 ---------------------------------------- Dated this the 3rd day of December 2011 J U D G M E N T This writ petition is filed challenging Ext.P1 order issued by the Joint Registrar (General), Kozhikode directing cancellation of the promotion given to the petitioner as Junior Clerk. The petitioner is the 2nd petitioner in W.P.C.No.26331 of 2004 and according to the Joint Registrar, since his original appointment as Peon is itself under challenge and the matter is pending before the High Court, promoting the petitioner to the post of Junior Clerk is bad in law. 2. I have already held in W.P.C.No.26331 of 2004 that the appointment of the petitioner to the post of Peon is in accordance with law and Ext.P3 order dated 18/08/2004 (Ext.P3 in W.P.C.No.26331 of 2004) has been set aside. 3. It is contended that the petitioner is only appointed as a Junior Clerk as it is a feeder category as per rules. Ext.P2 rules would indicate that the appointment of Junior Clerk is by way of direct recruitment as well as by promotion from W.P.C.No.8596/2009 2 attenders/peons. Therefore, since the appointment of the petitioner to the post of Peon has already been confirmed by this Court, this writ petition is only to be allowed and Ext.P1 stands quashed. (A.M.SHAFFIQUE, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.8596/2009 3 W.P.C.No.8596/2009 4