IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WA.No. 644 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.33916/2007 Dated 16/01/2008 .................... APPELLANTS: RESPONDENTS 1 & 2 ---------------------------- 1. THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.FF 113, KASARGOD 671 121, REPRESENTED BY ITS SECRETARY. 2. THE PRESIDENT, THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.FF 113, KASARAGOD 671 121. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: PETITIONER & RESPONDENTS 3 & 4 ------------------------------------------- 1. A.RAMAKRISHNAN NAIR, S/O.LATE K.RAMACHANDRAN NAIR, CHALKAL HOUSE, KUNDUCHI, P.O.VATTAMTHATTA, KASARGOD DISTRICT. 2. JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, KASARGOD. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV.SRI.SURESH KUMAR KODOTH G.P.SRI.K. SANDESH RAJA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.A.NO.644 OF 2008-E -------------------------------------------------------------- Dated this the 3rd day of April, 2008. JUDGMENT Balakrishnan Nair, J: When the writ appeal came up for admission, after hearing both sides, we passed the following order: “If there is a temporary or regular vacancy and the Bank decides to fill up the same, the 1st respondent/writ petitioner will have a preferential claim for being considered for appointment to that post. In other wards, if there is a vacancy and the Bank decides to not to fill up the vacancy for the time being, the 1st respondent/writ petitioner cannot claim that he will have to be accommodated in that vacancy. The direction issued in the judgment under appeal is clarified as above.” 2. By the said interim order, the grievance of the appellant is redressed. Simultaneously, the preferential claim of the 1st respondent for being considered for appointment, if the Bank is filling up any vacant post, is also protected. Therefore, we feel that no further orders are required in this W.A.NO.644/2008 . 2 writ appeal. So, the writ appeal is disposed of ordering that the judgment under appeal will stand modified to the extent stated in the above quoted order. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl