IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WA.No. 1290 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.20977/2010 Dated 07/07/2010 .................... APPELLANT(S): -------------- MELUKAVU HOUSING CO-OPERATIVE SOCIETY LTD NO. K 671, MELUKAVUMATTOM PO, KOTTAYAM, REPRESENTED BY ITS PRESIDENT ABRAHAM MATHEW. BY ADV. SRI.JOSE J.MATHEIKEL RESPONDENT(S): RESPONDENTS --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECREATARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTORATE BUILDINGS, KOTTAYAM. BY SPL.GOVT.PLEADER (CO-OP.) SMT. ANU SIVARAMAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ W.A. 1290 OF 2010 ------------------------------------------------------ Dated: AUGUST 2, 2010 JUDGMENT Basheer, J. The only grievance of the appellant is that the learned Single Judg while disposing of the writ petition has not quashed Ext.P6 order though such a specific prayer was made in the writ petition. 2. The learned Single Judge disposed of the writ petition directing the Secretary to Government in the Department of Co- operation to take a decision on Ext.P4 representation submitted by the appellant so that Sri V.J. Sebastian who had retired from the service of the Society as Secretary would continue in service till a fresh hand is selected and appointed. The learned Single Judge took the view that since the appellant Society had failed to obtain prior permission of the Government in allowing Sri Sebastian to continue in service even after retirement, the action of the Society cannot be justified. 3. When this appeal came up for admission on the last occasion we had directed Smt. Anu Sivaraman, learned Special Government Pleader, to get instructions in the matter. 4. Today when the case is taken up, the learned Special W.A. 1290 OF 2010 2 Government Pleader submits that the Government is in seisin of the matter and a decision on Ext.P4 will be taken expeditiously, at any rate, within an outer limit of one month. The above submission is recorded. 5. Having regard to the peculiar facts and circumstances of this case, particularly keeping in view the fact that Sri Sebastian is the sole employee in the Society apart from the Attender, we are of the view that till such time the Government takes a decision on Ext.P4, Sri Sebastian can be allowed to continue as Secretary. However, it shall be ensured by the Society that a substitute for Sri Sebastian is appointed as early as possible, at any rate, within an outer limit of six months. The Selection Board concerned shall also ensure that the process is not delayed unduly and the above time frame is complied with. The writ appeal is disposed of in the above terms. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-