IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26626 of 2009(W) -------------------------- PETITIONER(S): --------------- S.SINI, Q.F.NO.42-FACT TOWNSHIP, UDYOGAMANDAL,ELOOR,KOCHI. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GEN),NORTH PARAVUR. 2. THE FEDO EMPLOYEES CO-OPERATIVE SOCIETY LTD.NO.E.679,UDYOGAMANDAL,ELOOR,KOCHI, REP.BY ITS HON'ARY SECRETARY. G.P. SHRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.26626 of 2009 ================== Dated this the 23rd day of September, 2009 J U D G M E N T The petitioner was appointed by the 2nd respondent Co-operative Society, to the post of peon, in a vacancy arising consequent to the incumbent of the post having been promoted as attender. The Assistant Registrar (General), North Paruvar, by Ext.P3, informed the society that since there is no post sanctioned of attender in the society, the promotion of the peon to the post of attender and consequent appointment of the petitioner to the post of peon are illegal and, therefore, the promotion of the peon as attender as well as appointment of the petitioner as peon have to be cancelled. Pursuant thereto, the society has issued Ext.P2 communication to the petitioner cancelling her appontment. The petitioner is challenging Exts.P2 and P3 in this writ petition. Admittedly no post of attender has been sanctioned in the society. Therefore, the person holding the post of peon could not have been validly promoted to the post of attender. Consequently, there would not be any vacancy of peon to accommodate the petitioner. In view of the said undisputed facts, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2