IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WA.No. 337 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER DATED 04/02/2011 IN WPC.3629/2011 .................... APPELLANT(S): PETITIONER ------------------------ PRESIDENT, MELUKAVU HOUSING CO-OPERATIVE SOCIETY, LTD. NO.K.671, MELUKAVUMATTOM, PIN-686652. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): RESPONDENTS -------------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN-695001. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOTTAYAM, PIN-686601. MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A. No.337 of 2011 --------------------------------- Dated, this the 23rd day of May, 2011 J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the judgment of the learned Single Judge declining to interfere with the Government Order refusing sanction to appoint retired Secretary as the Secretary of the appellant Society on contract basis. 2. A statement has been filed by the learned Government Pleader stating that the Society has a net loss of above Rs.3 lakhs and it has a Clerk to be engaged as Secretary on temporary basis until Secretary is appointed following the norms. The Government found that appointment of the retired Secretary on contract basis is on a monthly pay of Rs.20,000/-. In view of the financial plight of the Society, we do not think there is any necessity to appoint a retired Secretary again on contract basis after retirement. There is no provision in the Co-operative Societies Rules authorising appointment of a retired secretary on contract basis. Further W.A.No.337/2011 -2- it is stated in the statement filed by the learned Government Pleader that the President of the Society was given Rs.28,000/- towards reimbursement of litigation expenses covering expenses to defend appointment of the retired Secretary also. Apparently financial mismanagement in the Society cannot be overruled because of this expenditure alone. It is for the Joint Registrar of Co-operative Societies to consider whether enquiry is called for about the financial affairs of the Society. However, the Society will pay at the rate of Rs.10,000/- per month for the period of contract employment of the Secretary until end of this month. 3. In fact appointment of regular Secretary itself has to be considered after the financial position of the Society becomes better, and until then the senior most staff of the Society can act as the Secretary of the Society. This Writ Appeal is dismissed with the above observations. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg