IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WA.No. 2206 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27881/2008 Dated 14/10/2008 .................... APPELLANTS/RESPONDENTS 2 AND 3: ----------------------------------------- 1. POOVATTOOR EAST SERVICE CO-OPERATIVE BANK LTD.,NO.3503,KALAYAPURAM, REPRESENTED BY ITS SECRETARY. 2. SECRETARY, POOVATTOOR EAST SERVICE CO-OPERATIVE BANK LTD.3503, KALAYAPURAM P.O., KOLLAM BY ADV. SRI.D.SOMASUNDARAM RESPONDENTS/ PETITIONER AND 1ST RESPONDENT: ----------------------------------------------------------- 1. VALSALAKUMARI L.PUTHUVAL PUTHAN VEEDU, POOVATTOOR EAST, KALAYAPURAM, KOTTARAKKARA, KOLLAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) KOLLAM. ADV. SRI.SAJU.S.A FOR R1 SR. GOVERNMENT PLEADER BENNY GERVACIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ W.A.No.2206 of 2008 =============================== Dated this the 2nd day of December, 2008. J U D G M E N T KOSHY, J. Appellant, Co-operative Society notified applications for the post of peons and conducted a written examination through an outside agency, held interview and prepared a rank list. Petitioner is the 3rd rank holder in that rank list. Rank list is valid for two years i.e., up to 11.11.2008, as per Rule 182 (vi) of KCS Rules. According to the writ petitioner, after the appointment of two persons to the post of peon, 3rd vacancy for the post of peon arose during the currency of the ranked list. She is eligible to be appointed as peon. She was aged 39 years and it is a last chance for her to get an appointment. Learned Single Judge directed the appellant to appoint her in the 3rd vacancy. It is the contention of the appellant that an attender died. The legal heir of the deceased applied to that post in dying in harness scheme, as per Ext.A3 application. Therefore, one post of peon has to be given to that person. It is contended by the counsel for the writ W.A.No.2206 of 2008 2 petitioner that one of the peons can be promoted to the post of attender. It is further submitted that a new branch was opened and one of the peons appointed is doing the work of clerk in that branch. It is the contention of the appellant that proceedings for appointment of the clerk is in progress. A peon can be promoted as clerk, only after completing the period of probation, provided he is fully qualified. Even though they are qualified persons to be appointed as clerk, none of the persons have completed their probation when the vacancy arose. One post of attender is also available. So, one of the peons can be appointed as attender in the available vacancy. Therefore, writ petitioner/3rd respondent can be appointed as peon apart from the dependant of the deceased attender. There is no difficulty in implementing the order. Hence, we find no ground to interfere in the judgment of the learned Single Judge and accordingly, the appeal is dismissed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-