IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 32052 of 2008(N) -------------------------- PETITIONER(S): --------------- 1. P.G. JYOTHI, W/O.M.R. UNNIKRISHNAN, RESIDING AT SARANGA, MANAKKULAM PARAMBIL HOUSE, P.O. POTTOOR, TRICHUR. 2. JULEE SHAJU, W/O. M.A. SHAJU, KATTUKARAN, KATTUKARAN HOUSE, BIG BAZAR, P.O. ARANATTUKARA, TRICHUR. 3. LINTE FRANCIS, W/O. RAPHEL, KATTUKARAN, KATTUKARAN HOUSE, BIG BAZA, P.O. ARANATTUKARA, TRICHUR. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TRICHUR. 2. THE TRICHUR URBAN CO-OPERATIVE BANK, LIMITED NO. 87, HIGH ROAD, TRICHUR, REPRESENTED BY ITS GENERAL MANAGER. 3. THE BOARD OF DIRECTORS OF TRICHUR URBAN CO-OPERATIVE BANK LTD. NO. 87, TRICHUR-1, REPRESENTED BY ITS PRESIDENT. ADV. SRI.C.D.DILEEP,SC,TRICHUR URBN CO-OPBAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the Order dated 29.4.2005 in WP(c).No.13205/05 of this Hon'ble Court. Ext.P2. True copy of the Order No.CRB-2217/05 dated 28.4.2005. Ext.P3. True copy of the letter dated 18.7.2008 Ext.P4. True copy of the judgment in WP(c).No.13205/05 dated 22.8.2008. Ext.P5. True copy of the representation filed by the first petitioner. Ext.P6. True copy of the letter No.104/12 dated 17.10.2008. // true copy // P.A to Judge. ANTONY DOMINIC,J. --------------------- W.P.(C).No.32052 OF 2008 ------------------------ Dated this the 16th day of July, 2009. JUDGMENT On 2.2.2003, the 2nd respondent had invited applications for filling up the vacancies of Gold Appraisers. Petitioners had responded to the notification and after the appointments were made, in the waiting list that was published on 30.4.2003, they were at rank Nos.8,9 and 10. It is stated that, Nos.1 to 7 in the list were appointed and that despite vacancies, the petitioners were not appointed. That lead to the filing of WP(c). No.13205/05. In that writ petition, this court passed Ext.P1 interim order dated 29.4.2005, directing the Bank to fill up the existing vacancies from the waiting list referred to above. According to the petitioners, the Joint Registrar also issued a similar order, copy of which is Ext.P2. But however, these orders were not complied with. Finally, the writ petition was disposed of by Ext.P4 judgment confirming WP(c).No.32052/08 2 Ext.P1 interim order. Again representations were filed for appointment and there was no response. 2. Now the position is that, complaining that the ranked list had expired, Bank sought review of the judgment by filing R.P.No.1301/08. It would appear that the Joint Registrar also had issued an order directing the Bank to terminate the seven persons, who were appointed from the waiting list and those persons filed WP(c).No.32804/08, where this court passed an interim order restraining the Bank from ordering their termination. While so, the review petition filed by the Bank was considered by this court on 30th January, 2009 and the review petition has been dismissed. 3. Thus at this stage, in any view of the matter the petitioners cannot claim appointment. On the other hand, they will have to await outcome of WP(c).No.32804/08. If the writ petition is allowed and the petitioners are able to establish that there were vacancies available as on 29.4.2005, certainly petitioners can claim appointment on the strength of Ext.P1 as confirmed in Ext.P4 judgment. WP(c).No.32052/08 3 Writ Petition is disposed of. (ANTONY DOMINIC) vi JUDGE WP(c).No.32052/08 4