IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 4203 of 2008(A) ------------------------------------ PETITIONER: ----------------- DIVAKARAN B., INTERNAL AUDITOR, NEKRAJE SERVICE CO-OPERATIVE BANK NEKRAJE, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENTS: ----------------------- 1. NEKRAJE SERVICE CO-OPERATIVE BANK REPRESENTED BY ITS SECRETARY, NAKRAJE P.O., KASARAGOD DISTRICT - 671 544. 2. THE REGISTRAR, KERALA CO-OPERATIVE ARBITRATION COURT REPRESENTED BY ITS SECRETARY. 3. THE KERALA CO-OPERATIVE SERVICE EXAMINATION BOARD THIRUVANANTHAPURAM - REPRESENTED ITS SECRETARY. *4. THE BOARD OF DIRECTORS OF THE NEKRAJE SERVICE CO-OPERATIVE BANK, NEKRAJE P.O., KASARAGOD, REP. BY ITS PRESIDENT. *ADDL. R4 IS IMPLEADED AS PER ORDER DATED 07/03/2008 IN IA NO. 137/2008. GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN R4 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 4203/2008 A APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE ORDER DT. 18/08/2000 RE-FIXING STAFF PATTERN AND FEEDER CATEGORY OF THE R1. EXT.P2. COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE R1. EXT.P2A. COPY OF THE REPRESENTATION DT. 3/6/04. EXT.P2B. COPY OF THE REPRESENTATIOND T. 29/6/05. EXT.P3. COPY OF THE PLAINT IN ARC NO. 66/2006 FILED BY THE PETITIONER BEFORE THE CO-OPERATIVE ARBITRATION COURT. EXT.P3A. COPY OF THE PETITION FOR STAY FLIED ALONG WITH THE ARBITRATION CASE. EXT.P4. COPY OF THE AFFIDAVIT AND PETITION DT. 27/6/2007 BY THE PETITIONER FOR STOPPING ALL FURTHER PROCEEDINGS PURSUANT TO THE RESOLUTION FOR DIRECT RECRUITMENT. EXT.P5. COPY OF THE COUNTER FILED BY THE R1 TO THE IA DT. 25/07/2007. EXT.P6. COPY OF THE COMMUNICATION DT. 29/1/2008 ISSUED BY THE SECRETARY CO- OPERATIVE EXAMINATION BOARD. EXT.P7. COPY OF THE JUDGMENT IN WPC NO. 27680/2005. True copy tga THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.4203 of 2008-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of March, 2008. JUDGMENT The petitioner and his employer, the first respondent are prosecuting A.R.C.66/2006 on a claim by the petitioner for promotion to the category of Secretary. Pending that arbitration proceedings, the first respondent decided to fill up the vacancy of the Secretary, which is stated to have been lying vacant from 2005. Accordingly, the first respondent requested the Examination Board to make the selection and the list so drawn up is valid only for one year. Though Ext.P6 contains essentially a direction compelling the society to make appointment, it is submitted on behalf of the first respondent society that WP(C)4203/2008 -: 2 :- notwithstanding any such compulsion, the society has decided to make the appointment subject to and without prejudice to the litigation, A.R.C.66/2006 and right of parties to those proceedings. Under the aforesaid circumstances, this writ petition is dismissed, however clarifying that any appointment of Secretary that the first respondent would make, would be subject to the final decision that may be taken in A.R.C.66/2006. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/090408