IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 33495 of 2009(F) -------------------------- PETITIONER(S): --------------- THE POOVATTOOR EAST SERVICE CO-OPERATIVE BANK LTD. NO.3503, KALAYAPURAM.P.O. KOTTARAKKAR, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.K.VIJAYAMOHANAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMNT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPRATIVE SOCIETIES (GENERAL) CIVIL STATION,KOLLAM. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL, KOTTARAKKRA. 4. K.C.PRAVADAKUMAR, PEON, THE POOVATOOR EAST SERVICE CO-OPERATIVE BANK LTD., NO.3503, KALAYAPURAM.P.O., KOTTARAKKARA. GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 33495 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 23rd November, 2009. J U D G M E N T The petitioner herein is a co-operative Bank. One K.C. Chellappan, Attender of the bank died while in service of the bank on 30-11-2007. He belongs to a scheduled caste community. The 4th respondent is his son. In accordance with Rule 188A of the Kerala Co- operative Societies Rules, the 4th respondent was given compassionate appointment in the bank as a peon. The same has been forwarded to the 2nd respondent for approval along with Ext. P3 recommendation of the 3rd respondent-Assistant Registrar. Now, the 2nd respondent takes the stand that the same would not be considered since as per Rule 188A, the petitioner-bank ought to have obtained prior concurrence from the 2nd respondent before appointing the 4th respondent. According to the petitioner, even if the same is correct, that is only a procedural irregularity and the 2nd respondent can give ex post facto approval of the same insofar as every condition of Rule 188A has been complied with in the appointment of the 4th respondent, except the prior concurrence. However, the petitioner now confines their prayer for a direction to the 2nd respondent to consider Ext. P2 petition in this regard in the light of Ext. P3 recommendation from the 3rd respondent. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider Ext. P2 as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. While doing so, the Joint W.P.C. No.33495/09 -: 2 :- Registrar shall give due weight to the recommendation of the 3rd respondent by Ext. P3. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.