IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 19131 of 2009(J) -------------------------- PETITIONER(S): --------------- K.MOHANAN, VISHNU BHAVAN MARUTHANKODE,VENPAKAL PO, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------------ 1. AVANAKUZHI SERVICE CO-OPERATIVE BANK LTD NO.2387, REPRESENTED BY ITS SECRETARY AVANAKUZHI, THANNIMOODU PO, THIRUVANANTHAPURAM. 2. BOARD OF DIRECTORS OF THE AVANAKUZHI SERVICE CO-OPERATIVE BANK LTD NO.2387, REPRESENTED BY ITS PRESIDENT AVANAKUZHI, THANNIMOODU PO, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR (GENERAL) THIRUVANANTHAPURAM. *ADDL. R4 IMPLEADED. 4. S.S.SAIJU, S/O. SIVANANDAN, SYAMALAVILASOM BUNGALOW, AVANAKUZHY, THANNIMOODU P.O., THIRUVANANTHAPURAM 695 123. ADDL. R4 IS IMPLEADED AS PER ORDER DTD. 20.10.2009 IN IA. 12718/09. R3 BY GOVT. PLEADER MR.K.S.MOHAMMED HASHIM R4 BY ADVS.MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19131/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ADVERTISEMENT PUBLISHED IN THE KERALA KAUMUDI DTD. 18.4.07. P2:- COPY OF THE ORDER OF APPOINTMENT DTD. 10.8.07. P3:- COPY OF THE CRIMINAL COMPLAINT DTD. P4:- COPY OF THE APPLICATION SUBMITTED UNDER THE RIGHT TO INFORMATION ACT DTD. 2.6.09. P5:- COPY OF THE REPRESENTATION SUBMITTED BY REMYA .A.S. BEFORE RESPONDENTS AND 2 DT. 6.6.09. P6:- COPY OF THE NOTICE OF THE MEETING DTD. .7.09. P7:- COPY OF THE REPRESENTATION DTD. 6.7.09. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. --------------------------------------- W.P.(C)No.19131 of 2009 ---------------------------------------- Dated 7th January, 2010 JUDGMENT By Ext.P1 notification published in the Kerala Kaumudi daily dated 18.4.2007, the first respondent bank invited applications from eligible persons for filling up one post of Attender that was lying vacant in the said bank. Pursuant to the said notification, a large number of candidates including the additional fourth respondent applied. A selection was conducted and a rank list was published on 31.7.2007. Smt.L.Sheeja was the candidate ranked first in the said list. The candidate ranked second was Sri.S.Sajeev. The additional fourth respondent was the candidate ranked third in the said list. Long after the first candidate was appointed against the solitary vacancy notified as per Ext.P1, the Managing Committee decided to extend the validity of the rank list by a further period of one year from 1.8.2008. Thereafter, Sri.R.Ashokan, who was working as Salesman in the first respondent bank expired while in service. His daughter Smt.Remya thereupon applied for appointment under the compassionate appointment scheme. Her request in that regard is still pending. The grievance voiced by the petitioner is that steps are being taken by respondents 1 and 2 to appoint the additional fourth respondent WP(C).No.19131/2009 2 against the vacancy of Salesman that arose on the death of Sri.R.Ashokan. In this writ petition, the petitioner seeks to interdict respondents 1 and 2 from making further appointment of Attenders from the rank list prepared pursuant to Ext.P1 notification. 2. The additional fourth respondent has filed a counter affidavit contending that as the candidate ranked first in the rank list published on 31.7.2007 was appointed and the candidate ranked second got appointment elsewhere and relinquished his claim, he is eligible for appointment against the vacancy of Attender that had arisen on 31.7.2007 on the retirement of Sri.Pushpangathan who retired from service on 31.5.2007. He contends that as the rank list was valid till 31.7.2009, he was entitled to be appointed against that vacancy, as he is the next eligible candidate. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. It is evident from Ext.P1 notification that only one vacancy of Attender was notified. That vacancy was filled up by appointing the candidate ranked first in the rank list published on 31.7.2007. In such circumstances, as held by this Court in Dr.Dimpi V.Divakaran & Anr. v. Mahatma Gandhi University & Anr. (2007 (1) KLJ 545), in the absence of any stipulation in the rules that all vacancies arising during the currency of WP(C).No.19131/2009 3 a rank list can be filled up by appointing candidates included in that rank list, the vacancy that subsequently arose cannot be filled up by appointing candidates included in that ranked list. In the instant case, the only vacancy notified was filled up by appointing the candidate ranked first in the ranked list published on 31.7.2007. Therefore, even though the ranked list is valid for a period of two years, no candidate included in the ranked list published on 31.7.2007 can be appointed against the vacancies that have subsequently arisen. The vacancy of Attender that arose on 31.7.2007 on the retirement of Sri.Pushpangathan cannot be filled up by appointing the additional fourth respondent or any other candidate included in the ranked list published on 31.7.007. The vacancy that arose on 31.7.2007 on the retirement of Sri.Pushpangathan can be filled up only by fresh recruitment or under the compassionate appointment scheme. Likewise, the post of Salesman that arose on 20.2.2009 on the death of Sri.R.Ashokan can also be filled up only by any one of the above said methods. In such circumstances, I am of the opinion that the petitioner is entitled to the reliefs prayed for in this writ petition. The writ petition is accordingly allowed and it is declared that the rank list published by the first respondent bank on 31.7.2007 pursuant to Ext.P1 notification for filling up the post of Attender cannot WP(C).No.19131/2009 4 be operated to fill up subsequent vacancies of Attender/Salesman that have arisen in the first respondent bank. It is clarified that nothing contained in this judgment will stand in the way of the fourth respondent from participating in the selection process if any initiated by the first respondent bank for filling up the vacancies that have arisen subsequent to the appointment of the first rank holder in the rank list published on 31.7.2007. P.N.RAVINDRAN Judge TKS