IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WA.No. 490 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.25433/2009 Dated 15/01/2010 .................... APPELLANT/PETITIONER: ------------------------ A.SATHEESHKUMAR S/O. ANNAMALA, NEAR BHAGAVATHY COLONY 5TH MILE, KUNNAMKATTUPATHY.P.O., VIA CHITTUR, PALAKKAD DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS/RESPONDENTS: --------------- 1. THE MOOLATHARA SERVICE CO-OPERATIVE BANK LTD., NO.518, MEENAKSHIPURAM, PALAKKAD DISTRICT. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) PALAKKAD. R2 BY G.P. SRI.LAKSHMI NARAYAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.490 of 2010 .................................................................... Dated this the 24th day of March, 2010. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant. We do not think the prayer which is for direction to the Bank to appoint the appellant being the second rank holder in the selection of Peons to the Bank, can be allowed by us because the learned Single Judge clearly found that selection was made for appointment to one vacancy. In fact, the first rank holder was appointed by the Bank. Appellant's case is that appellant is the second rank holder and there is another vacancy of Peon which should be filled up with the appellant. The learned Single Judge has held that since only one vacancy was notified, appellant cannot be appointed. However, we do not think there was any need for the learned Single Judge to consider the question whether any other person in the select list could be appointed to a future vacancy or to a vacancy that arises during the validity of the select list. These are matters on which the Board of Directors of the Bank can decide. 2 Leaving open the appellant to make claim in accordance with the Rules and during currency of validity of the select list for the Bank to consider, we reject the appellant's prayer for direction to the Bank to appoint appellant based on his No.2 position in the rank list. Consequently Writ Appeal is disposed of as above. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms