IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 27881 of 2008(T) -------------------------------------- PETITIONER: ------------------- VALSALA KUMARY.L., PUTHUVAL PUTHEN VEEDU, POOVATTOOR EAST, KALAYAPURAM, KOTTARAKKARA, KOLLAM. BY ADV. SRI.SAJU.S.A RESPONDENT(S): ------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOLLAM. 2. POOVATTOOR EAST SERVICE CO-OPERATIVE BANK LTD.NO.3503, KALAYAPURAM, REPRESENTED BY ITS SECRETARY. 3. THE SECRETARY, POOVATTOOR EAST SERVICE CO-OPERATIVE BANK LTD NO.3503, KALAYAPURAM P.O., KOLLAM DISTRICT. ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R2,3 SMT.N.SANTHA FOR R2,3 SRI.S.A.ANAND FOR R2,3 SRI.PETER JOSE CHRISTO FOR R2,3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.27881/2008 APPENDIX PETITIONER'S EXHIBITS:- Exhibit P1 True copy of representation dated 29-7-2008 filed before the 1st respondent. Exhibit P2 True copy of the receipt issued by the 1st respondent. RESPONDENTS' EXHIBITS:- NIL // TRUE COPY // P.A. TO JUDGE. THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO. 27881 OF 2008 (T) ------------------------------------------------------ Dated this the 14th day of October, 2008 J U D G M E N T The petitioner, a female, aged 39 years, has filed this writ petition seeking a direction to the first respondent to direct the second respondent to appoint the petitioner in an existing vacancy of Peon in the service of the second respondent. 2. Second respondent notified two vacancies of peons and invited applications; conducted the written test through an outside agency, held interview and prepared a ranked list. The petitioner is the third rank holder in that list. After the appointment of two persons to those vacancies, a third vacancy arose during the currency of the ranked list. While the employer cannot be compelled to make appointment, having regard to the fact that the petitioner is now aged 39 years and is next in the select list, which already available and live, it would only be worthwhile to appoint her as a Peon since that will empower the petitioner, a female, in the marginalized sector, with means for her livelihood and may loose such opportunity at a later point of time on account of her age. W.P.(C) No.27881/2008 - 2 - Under such circumstances, it is ordered that, treating the petitioner's as a special case of an extra ordinary nature, the second respondent will consider Exhibit P1 representation and issue order appointing the petitioner as Peon, without delay, before the expiry of the rank list, which is in force. This writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/15/10 // True copy // P.A. to Judge.