IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 19831 of 2008(J) -------------------------------------- PETITIONER: ------------------- SHYNI.R, PEON, PATHANAMTHITTA GOVERNMENT EMPLOYEES, CO-OPERATIVE BANK LTD.NO.417, PATHANAMTHITTA. BY ADVS. DR. K.P. SATHEESAN, MR. K.K. GOPINATHAN NAIR, MR. M.R. JAYAPRASAD, MR.D.AJITHKUMAR. RESPONDENTS: ------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PATHANAMTHITTA. 2. PATHANAMTHITTA GOVERNMEN EMPLOYEES CO-OPERATIVE BANK LTD. NO.,417, PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY. *ADDL.R3: 3. CO-OPERATIVE SERVICE EXAMINATION BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. *IMPLEADED AS PER ORDER DTD. 04/12/2008 IN I.A. NO. 15386/08. R1 BY GOVT. PLEADER MR. I.V. PRAMOD, R2 BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, MR.S.A.ANAND, MR.PETER JOSE CHRISTO, ADDL.R3 BY ADVS. MR.P.U.SHAILAJAN,SC,CO-OP.SERVICE EXAM. BOARD, MR. M.T.SURESHKUMAR, MR.R.RANJITH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, ALONG WITH W.P.(C). NO. 34714/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).Nos.19831/2008-J & 34714/2008-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of March, 2009. JUDGMENT These writ petitions are filed by one Shyni R., who is a Peon in the Pathanamthitta Government Employees' Co-operative Bank Ltd.No.417. According to her, she is eligible for being considered for promotion as a Junior Clerk in that establishment and also for further promotion to the category of Senior Clerk. A refusal to give a due promotion may be a matter that could result in a dispute that has to be resolved by way of arbitration. Equally, when the allegation is that the eligible claim of the petitioner, even to be promoted as a Junior Clerk, is not conceded for a considerable long time, it may be within the powers of the Joint Registrar to issue directions after hearing the parties, if found necessary. Therefore, it is ordered that the Joint Registrar having jurisdiction over the area WP(C)19831 & 34714/08 -: 2 :- will consider the pending representations of the petitioner in relation to the question whether she is to be promoted to the category of Junior Clerk. However, any further claim for further promotion to higher categories cannot be considered without also taking into consideration competing claims for promotion and also the cases of any person who has come into that establishment even by direct recruitment. These are matters best left for arbitration under Section 69 of the KCS Act. Any appointment that the employer may make in the category of Junior Clerk will be subject to the result of the proceedings as aforesaid before the Joint Registrar. The employer will disclose the contents of this judgment in any appointment order that may be issued. These writ petitions are ordered with the aforesaid limited direction and leaving open all other issues. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160309