IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WA.No. 297 of 2008 --------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.490/2007 DATED 03/01/2008. .................... APPELLANT/PETITIONER IN W.P.(C).NO.490/07: -------------------------------------------------------------------- B.S.SANJEEV, APPRAISER, MATTANCHERRY SARVAJANIC CO-OPERATIVE BANK LTD. NO.3284, COCHIN-1. BY ADV. SRI.P.P.JACOB. RESPONDENTS/RESPONDENTS IN WPC 490/07: --------------------------------------------------------------------- 1. MATTANCHERRY SARVAJANIC CO-OPERATIVE BANK LTD. NO.3284, COCHIN-1, REPRESENTED BY ITS SECRETARY/ MANAGING DIRECTOR. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ERNAKULAM. BY GOVT. PLEADER SRI. BENNY GERVASIS, ADV. SRI.T.A.RAJAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.A.NO.297 OF 2008 -------------------------------------------------------------- Dated this the 31st day of January, 2008. JUDGMENT Balakrishnan Nair, J: The appellant, who is an Appraiser of the 1st respondent Bank, has approached this Court claiming regularisation in service with effect from 19.12.1990, the date on which he was engaged as Gold Appraiser on commission basis in the said Bank. Pursuant to the direction of this Court, the Registrar of Co-operative Societies by Ext.P1 order dated 23.6.2003 directed to regularise the petitioner in service. This Court by Ext.P2 judgment dated 30.10.2003 directed implementation of Ext.P1. Pursuant to Ext.P2, Ext.P3 order was passed by the Joint Registrar. The said order directed implementation of Ext.P1. Subsequently, the petitioner's claim for regularisation with retrospective effect was considered and by Ext.P4, the same was allowed in part. The post of Appraiser was sanctioned in the Bank with effect from 9.6.1997. So, the Bank was permitted to regularise him in service from that date. Feeling aggrieved by the omission of the Joint Registrar to order his regularisation from 19.12.1990, the writ petition was filed challenging WA.NO.297/08 . 2 Ext.P4 to the extent it was against him. The learned Single judge dismissed the writ petition. Hence, this appeal. 2. The learned counsel for the petitioner submitted that there was a post of Appraiser in the Bank even in 1990 as per classification of Bank in terms of Appendix III of the Kerala Co-operative Societies Rules. Therefore, formal sanction for the post given in 1997 will not affect his right to get regularisation from 1990, it is submitted. 3. But we notice that the Bank in its counter affidavit at Paragraph 4 has stated as follows: “The petitioner was engaged in the bank on 19.12.1990 as Gold Appraiser on commission basis by resolution No.12951 dated 19.12.1990. He was not appointed either regularly or temporarily against a sanctioned post. His appointment was also not made in accordance with the rule. He was also not appointed after conducting any selection. The post of Gold Appraiser was sanctioned to the bank only in 1997”. The petitioner has not filed any reply affidavit denying the above statement of the Bank. Therefore, the claim of the petitioner/appellant herein to get regularisation from 1990 is plainly WA.NO.297/08 . 3 untenable. Accordingly, the writ appeal is dismissed. BALAKRISHNAN NAIR , JUDGE P.N. RAVINDRAN, JUDGE. cl