IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WA.No. 303 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24801/2009 Dated 29/10/2009 .................... APPELLANT(S): PETITIONERS ------------------------- 1. THE BOARD OF MANAGEMENT OF THE FACT EMPLOYEES' CO-OPERATIVE HOUSING SOCIETY LTD NO.E.129, UDYOGAMANDAL P.O., ELOOR, REPRESENTED BY ITS PRESIDENT K.PRADEEP KUMAR. 2. THE FACT EMPLOYEES' CO-OPERATIVE HOUSING SOCIETY LTD NO.E.129, UDYOGAMANDAL P.O., ELOOR, REPRESENTED BY ITS SECRETARY, GEETHAJEE PALLIPPADAN. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS -------------------------- 1. JAYASREE T.V., D/O.P.K.UNNIKRISHNAN, CF-32, FACT TOWNSHIP, UDYOGAMANDAL P.O. ERNAKULAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA, THIRUVANANTHAPURAM 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO CO-OPERATION (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM R1 BY ADV. T. RAMPRASAD UNNI R2 TO R4 BY G.P. SMT. ANU SIVARAMAN. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. -------------------------------------------- W.A. No. 303 OF 2010 -------------------------------------------- Dated this the 18th day of March, 2010 JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against judgment of the learned single Judge directing appointment of the first respondent as Junior Clerk in the appellant-society. We have heard standing counsel appearing for the appellant, counsel appearing for the first respondent and Government Pleader appearing for respondents 2 to 4. On going through the judgment and the orders relied on by the learned single Judge we find that selection was made by the appellant for appointment in the two vacancies of Junior Clerk in the Society. The first rank holder was appointed and there is no dispute on that. Even though first respondent was third rank holder, when the second rank holder relinquished her right to join, necessarily the first respondent, who was the third rank holder, was eligible for appointment. The contention of the appellant is that rank list expired and thereafter only the claim was put forward by the first respondent. However, learned single Judge found that there WA 303/2010 2 was no justification for the Society not to have filled up the vacancy by appointing the first respondent the next eligible candidate in the rank list prepared, that was valid when the vacancy was there. We do not find any justification to interfere with the judgment of the learned single Judge because the clear finding of fact by the Joint Registrar is that there was one more vacancy to be filled during the currency of the validity of the rank list. If society without any reason failed to fill up the vacancy, then it was open to the Court to direct appointment and in our view the learned single Judge rightly did so. Consequently we find no merit in the Writ Appeal and the same is dismissed. However, there will be direction to the appellant to appoint the first respondent within one week from now. Issue photocopy today itself. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk WA 303/2010 3