IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 34601 of 2005(T) -------------------------- PETITIONER(S): --------------- N.DEEPA, THIYYAROTH HOUSE, MEPPAYOOR P.O., KOZHIKODE DISTRICT. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), QUILANDY, KOZHIKODE DISTRICT. 4. MEPPAYOOR CO-OPERATIVE HOUSING SOCIETY LTD. NO.D.1932, MEPPAYOOR, KOZHIKODE, REPRESENTED BY ITS SECRETARY. ADV. SMT.P.A.ANITHA FOR R4 BY GOVT. PLEADER SRI. K.S. MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the representation dated 9.6.2005 submitted by the petitioner to the 2nd respondent. Ext.P2. True copy of the letter No. S.T. No.4421/2005 dated 14.6.2005 of the 2nd respondent to the petitioner. Ext.P3. True copy of the representation dated Nil submitted by the petitioner to the Ist respondent. Ext.P4. True copy of the Order No.S.T.No.1738/05 dated 12.8.2005 of the 2nd respondent. Ext.P5. True copy of the order NO.ST/6327/05 K. Dis. dated 17.10.2005 issued by the 2nd respodnent. // true copy // P.A too Judge. ANTONY DOMINIC,J. --------------------- W.P.(C).No.34601 OF 2005 ------------------------ Dated this the 13th day of August, 2009. JUDGMENT The prayer sought for in this writ petition is to quash Ext.P5. A direction is also sought for consideration of Ext.P3. 2. Petitioner states that in May, 2003 there was a vacancy of Junior Clerk under the 4th respondent. Under the Rules, the post is to be filled up by promotion and in the absence of eligible candidates in the feeder category, the post has to be filled up by direct recruitment. According to the petitioner, she was expecting a notification to fill up the vacancy. However she came to know that the Bank was, considering a proposal to abolish the post of Junior Clerk, in order to appoint a Peon. It is stated that representations were made but however finally the Joint Registrar by Ext.P5 allowed the request of the Bank. It is thereupon the writ WP(c).No.34601/05 2 petition is filed seeking to quash Ext.P5 and for other reliefs also. 3. A counter affidavit has been filed by the 4th respondent. It is stated that after the retirement of the Secretary, the Society was finding it very difficult to manage its affairs with the limited number of staff available. It is stated that since the major portion of the work related to collection of loan amounts, the Managing Committee vide its resolution dated 29.12.2004 decided to seek approval for the appointment of an Attender, relinquishing the post of Junior Clerk. It is stated that the request made by the Committee to the Joint Registrar was turned down by Ext.P4 order. Thereafter the committee again passed resolution dated 16.8.2005 requesting to sanction the post of Peon in lieu of Junior Clerk. The Society submits that this request was considered and by Ext.P5, sanction sought for was accorded. It is also stated that subsequently selection process was completed ranked list was prepared and a person was WP(c).No.34601/05 3 appointed and that the candidate has assumed charge. 4. A reading of Ext.P5 shows that the sanction to fill up the post of Peon was granted in lieu of the post of Junior Clerk. The counter affidavit explains the circumstances in which the request was made by the Bank and going by the explanation offered, I see no reason to doubt the bona fide of the Bank in assessing its requirements and making the request to the Joint Registrar. The Joint Registrar was also satisfied about the genuineness of the request made by the Bank. In the absence of mala fides or arbitrariness made out, there is absolutely no reason to interfere with it. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.34601/05 4