IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 13843 of 2009(A) ---------------------------------------- PETITIONER(S): ------------------------- SUNIL KUMAR P.K., SUCHITRALAYAM, PANAYIL P.O., KOKKALLUR VIA, BALUSSERY, KOZHIKODE DISTRICT. BY ADV. MR.R.K.MURALEEDHARAN RESPONDENT(S): --------------------------- 1. THE REGISTRAR, CO-OPERATIVE SOCIETIES, TRIVANDRUM. 2. BALUSSERY REGIONAL CO-OPERATIVE BANK LTD. NO.F 1265,REP.BY SECRETARY,P.O. BALUSSERY, KOZHIKODE DISTRICT. 3. THE MANAGEMENT COMMITTEE,THE BALUSSERY REGIONAL CO-OPERATIVE BANK LTD.,NO.F 1265 REP. BY PRESIDENT, P.O. BALUSSERY,KOZHIKODE DISTRICT. R1 BY GOVERNMENT PLEADER MR. I.V. PRAMOD R2 & R3 BY ADV. MR.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13843/2009 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ADVERTISEMENT DTD. 20/04/2007 IN MATHRUBHOOMI DAILY. P2: COPY OF THE INTERVIEW CARD ISSUED TO THE PETITIONER. P3: COPY OF THE CIRCULAR NO.18/94 DTD. 8/06/94. P4: COPY OF THE NOTICE DTD. 22/09/2007. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE NOTIFICATION DTD. 18/04/07. R2(B): COPY OF THE RANK LIST. R2(C): COPY OF THE MINUTES OF THE MEETING DTD. 30/05/2007 MAKING APPOINTMENTS. R2(D): COPY OF THE MINUTES OF THE MEETING DTD. 29/09/07. R2(E): COPY OF THE FEEDER CATEGORY RULES APPROVED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE DTD.11/09/93. R2(F): COPY OF THE STAFF PATTERN DTD. 9/10/02. R2(G): COPY OF THE AUDIT REPORT FOR 2006-07. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC,J. --------------------- W.P.(C).No.13843 OF 2009 ------------------------ Dated this the 29th day of May, 2009. JUDGMENT The claim in this writ petition is essentially to direct the respondents to appoint the petitioner as Peon under the 2nd respondent Bank. 2. Facts of the case are that, the 2nd respondent issued Ext.P1 notification for filling up one vacancy each of Attender and Peon. Among others, petitioner also made an application, for the post of Peon. Written test and interview were conducted. On conclusion of the process of selection, on 13.5.2007, separate ranked list were published and the Petitioner was rank No.2 in the ranked list for the post of Peon. It is the admitted case that rank No.1 in both the lists were appointed as Attender and Peon. 3. According to the petitioner, subsequently, there arose a vacancy of Junior Clerk and the Attender who was WP(c).No.13843/09 2 appointed from the ranked list, was resolved to be promoted as Junior Clerk by the resolution passed in February, 2008. Case of the petitioner is that rank No.1 in the ranked list who was appointed as Peon is entitled to be promoted to the resultant vacancy of Attender and in the consequent vacancy, he being ranked No.2 in the ranked list of Peon, should be appointed. It is urging this claim the writ petition is filed. 4. Respondents, 2 and 3 have filed a counter affidavit. It is stated in the counter affidavit that although they have passed a resolution in November, 2008, to promote the Attender as Junior Clerk, still in view of the proviso to Rule 185 prescribing at least 3 years service as the minimum eligibility for promotion, they could not effect promotion as the candidate had not completed 3 years service. This factual position is not disputed. 5. From the above, it is evident that although the Bank has resolved to make promotion, in view of the statutory provision available in Rule 185, since the person concerned WP(c).No.13843/09 3 was ineligible for promotion could not be effected and hence there is no vacancy of Attender to be filled up by promoting Peon and the consequent vacancy of Peon is also not avaiklable, in order to enable the petitioner to stake any valid claim for appointment. In the absence of any vacancy of Peon there is no substance in the claim raised in the writ petition. Petitioner cannot claim any relief. Writ Petition therefore fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.13843/09 4