IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WA.No. 235 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.731/2011 Dated 20/01/2011 .................... APPELLANT(S): ADDL. RESPONDENTS 5 - 8 ------------------------------------- 1. K.A. JAVAD, COMMITTEE MEMBER, THODIYOOR SERVICE CO-OPERATIVE BANK, THODIYOOR.P.O, KARUNAGAPALLY, KOLLAM DISTRICT - 650 523. 2. MURALEEDHARAN PILLAI, THODIYOOR SERVICE CO-OPERATIVE BANK, THODIYOOR.P.O, KARUNAGAPALLY, KOLLAM DISTRICT - 650 523. 3. SAJEEV.Y, THODIYOOR SERVICE CO-OPERATIVE BANK, THODIYOOR.P.O, KARUNAGAPALLY, KOLLAM DISTRICT - 650 523. 4. P. SOMAN PILLAI, THODIYOOR SERVICE CO-OPERATIVE BANK, THODIYOOR.P.O, KARUNAGAPALLY, KOLLAM DISTRICT - 650 523. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): / PETITIONERS / RESPONDENTS --------------- 1. JAYADEVI.S., THENGUMTHARAYIL HOUSE,PULIYOORVANCHI EAST THAZAVA P.O.,THODIYOOR, KARUNAGAPPALLY,KOLLAM, PIN - 650 523 2. SUMA G.NAIR, KAROOR HOUSE,PAVUMBA P.O., KARUNAGAPPALLY,KOLLAM DISTRICT, PIN - 650 523. WA NO.235/2011 3. RENJITH M.B., PANKAJAPALLY HOUSE,KALLALIBHAGOM KARUNAGAPPALLY, KOLLAM DISTRICT - 650 523. 4. ASHA V KARTHIKA, KALLALIBHAGOM P.O., KARUNAGAPALLY, KOLLAM DISTRICT - 650 523. 5. THE KERALA STATE CO-OPERATIVE SERVICE EXAMINATION BOARD, REP.BY ITS SECRETARY, THIRUVANANTHAPURAM-695001 6. THE THODIYOOR SERVICE CO-OPERATIVE BANK LTD, NO.3406 REP.BY ITS SECRETARY,THODIYOOR P.O., KARUNAGAPPALLY, KOLLAM DISTRICT-650523 7. THE BOARD OF DIRECTORS OF THE THODIYOOR SERVICE CO-OPERATIVE BANK LTD NO-3406 REP.BY ITS PRESIDENT, THODIYOOR P.O., KARUNAGAPPALLY, KOLLAM DISTRICT-650523 8. THE JOINT REGISTRAR OF CO-OP.SOCITIES KOLLAM-691001 ADV. SRI.P.U.SHAILAJAN,SC,CO-OP.SERVICE EXAM FOR R5 MR.V.G.ARUN, MR.R.KRISHNA RAJ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- WA No.235 of 2011 --------------------------------- Dated, this the 18th day of February, 2011 J U D G M E N T Ramachandran Nair, J. Heard learned counsel appearing for the appellants and learned counsel appearing for the respondents. We do not find any merit in the Writ Appeal because in the judgment, the learned Single Judge has directed appointment of writ petitioners in the order of merit and as in the rank list prepared for appointment to the post of Junior Clerks. The appellants are members of the Board of Directors, who in our view have no independent right to challenge appointments made from the select list, which is the rank list prepared in the order of merit. Learned counsel appearing for the contesting respondents submitted that the effort of the appellants is to wait till March for retirement of Clerks to promote Peons and to appoint new Peons by the Bank. We have seen in several cases that Co-operative Banks, which are not authorised to make appointments of Clerks directly, are promoting W.A.No.235/2011 -2- Peons to the post of Clerks systematically to create vacancies of Peons and then to appoint Peons directly by the Banks. This practice has to be condemned and we do so. This Writ Appeal is accordingly dismissed as devoid of any merit. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg