IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 34851 of 2009(B) -------------------------- PETITIONER(S): --------------- BENNET PAUL.A. AGED 40 YEARS, ALPPAT HOUSE, P.O.PUDUKAD, THORAVU VILLAG, MUKUNDAPURAM TALUK, THRISSUR DIST. BY ADV. SRI.C.D.DILEEP RESPONDENT(S): --------------- 1. JOINT REGISTRAR, CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 2. THE PUDUKAD SERVICE CO-OPERATIVE BANK LTD., NO.580, PUDUKAD, THRISSUR. REPRESENTED BY ITS SECRETARY. 3. THE BOARD OF DIRECTOR, PUDUKAD SERVICE CO-OPERATIVE BANK NO.580, PUDUKAD, THRISSUR. REPRESENTED BY IT PRESIDENT. ADV. SRI.M.R.DHANIL FOR R2&3 SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 34851/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE INTERVIEW MEMO. P2. COPY OF THE RANK LIST. P3. COPY OF THE REPRESENTATION DTD.8.6.09 BEFORE THE BANK. P4. COPY OF THE CERTIFICATES. P5. COPY OF THE REPRESENTATION DTD.15.6.09 TO THE JOINT REGISTRAR. P6. COPY OF THE JUDGMENT IN W.P.(C).No. 16851/09. P7. COPY OF THE ORDER OF THE JOINT REGISTRAR DTD.20.7.09. P8. COPY OF THE RESOLUTION DTD.25.8.09. P9. COPY OF THE COMMUNICATION DTD.26.8.09 TO R1 BY THE BANK. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 34851 of 2009 ================== Dated this the 16th day of December, 2009 J U D G M E N T The 2nd respondent society invited applications for appointment to the post of Gold Appraiser. The petitioner applied. Rank list was prepared after written test and interview. The petitioner was rank no.4 in Ext.P2 rank list. The first three persons in the rank list were appointed on 26.6.2006. During the currency of the rank list, another vacancy arose. The petitioner filed a representation before the Bank seeking appointment to that vacant post. The Bank did not oblige. The petitioner approached the 1st respondent with Ext.P5 representation and got Ext.P6 judgment from this Court for consideration of the same. By Ext.P7, the 1st respondent directed the Bank to take appropriate decision in accordance with law and rules. Pursuant thereto, the Bank resolved to appoint the petitioner in the existing vacancy. But at the same time, resolved that the appointment will be after confirmation and approval of the Joint Registrar. The petitioner's grievance in this writ petition is that neither the Bank nor the 1st respondent is taking any action in the matter. The petitioner, therefore, seeks the following reliefs: “I. To issue a writ of mandamus or any other writ direction or order directing the 1st respondent to dispose of Exhibit P9 within a time limit to be fixed by this honourable court approving the Resolution. w.p.c.34851/09 2 II. To grand (sic) a declaration that approval of Joint Registrar is not necessary in this case.” As is clear from the exhibits themselves, nobody disputes the entitlement of the petitioner to be appointed to the vacant post existing. Neither the 1st respondent nor the Bank has any case that the petitioner is disentitled for such appointment. In fact, both of them have decided that the petitioner is to be appointed. In view of the same, I am of opinion that the petitioner shall be appointed by the 2nd respondent forthwith. Accordingly, there would be a direction to respondents 2 and 3 to appoint the petitioner to the vacant post of Gold Appraiser within one week from the date of receipt of a certified copy of this judgment. The writ petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge