Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944 PETITIONER: MUNEER AGED 43 YEARS S/O.ABDUL SALAM, THANDASSERILVADAKKETHIL, VARAVILA.P.O., VAVAKAVU, KARUNAGAPPALLY, KOLLAM-690528. BY ADV B.MOHANLAL RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, CO- OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHPURAM-695001. 2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 3 THE JOINT REGISTRAR (GENERAL OF CO-OPERATIVE SOCIETIES, COLLECTORATE, CIVIL STATION.P.O., KOLLAM-691013. 4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CIVIL STATION, KARUNAGAPPALLY, KARUNAGAPPALLY.P.O., KOLLAM-690518. 5 THE BOARD OF DIRECTORS OF CLAPPANA SERVICE CO-OPERATIVE BANK LIMITED NO.867, CLAPPANA.P.O., KOLLAM-690525, REPRESENTED BY ITS PRESIDENT. 6 THE CLAPPANA SERVICE CO-OPERATIVE BANK LIMITED NO.867, CLAPPANA.P.O., KOLLAM-690525, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.VINOY VARGHESE KALLUMOOTTILL
OTHER PRESENT: SMT RESMI THOMAS -GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner says that he was included as Rank No.2 in a Rank List published by the 5th respondent - Board of Directors of the Clappana Service Co-operative Bank Limited (hereinafter referred to as 'the Society' for short) and he has produced the same on record as Ext.P2. He asserts that there was one vacancy available at the time when the Rank List expired; adding that Rank No.1 therefrom had already been appointed to another vacancy earlier available. The petitioner says that, notwithstanding the fact that the Rank List expired on 15.01.2018, the Society ought to have appointed him from Ext.P2 Rank List, because the vacancy arose during its life time. The petitioner, therefore, prays that the 5 th respondent be directed to do so within a time frame to be fixed by this Court.
2. The learned Government Pleader - Smt.Resmi Thomas, in
response to the afore submissions of Smt.Preetha P.S - learned counsel for the petitioner, submitted that if it is true that a vacancy was available in the services of the 5 th respondent before the Rank List expired, then the same ought to have been offered to the petitioner. She submitted that, she has no information as to why the 5 th respondent did not do so, but submitted that the official Authorities have no role to play in this regard.
3. Sri.Binoy Varghese Kallumoottil - learned counsel
appearing for the 5th respondent, submitted that a counter affidavit has been filed by his client, wherein, it has been conceded that there was one vacancy available at the time when the Rank List expired. Taking note of the afore submissions and since there is no contra case against the petitioner as regards his eligibility to be appointed to the available vacancy, I am certain that he is entitled to relief. Resultantly, I order this writ petition and direct the 5 th respondent to appoint the petitioner to the available vacancy, provided, it was available on or before 15.01.2018, when Ext.P2 Rank List expired. The afore shall be done, subject to all other mandatory statutory requirements being complied with and satisfied; leading to an appropriate order of appointment being issued to the petitioner, as expeditiously as is possible but not later than two weeks from the date of receipt of a copy of this judgment. This writ petition is thus ordered.
SD/- DEVAN RAMACHANDRAN JUDGE rp APPENDIX OF WP(C) 364/2020 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE NOTIFICATION FURNISHED INTHE DESABHIMANI DAILY DATED 29.6.2014. EXHIBIT P2 THE TRUE COPY OF THE RANK LIST DATED 16.1.2016 PUBLISHED BY THE RESPONDENTS. EXHIBIT P3 THE TRUE COPY OF THE APPLICATION DATED 1.9.2019 SUBMITTED BY THE PETITIONER BEFORE THE 5TH EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED 25.1.2010 IN W.A.NO.1461/2008 OF THIS HON'BLE COURT. EXHIBIT P5 THE TRUE COPY OF THE APPLICATION DATED 24.9.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD