High Court Kerala High Court

C.S.Pankajakshan vs The Joint Registrar Of … on 28 November, 2008

Kerala High Court
C.S.Pankajakshan vs The Joint Registrar Of … on 28 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30144 of 2008(L)


1. C.S.PANKAJAKSHAN, PRESIDENT,
                      ...  Petitioner

                        Vs



1. THE JOINT REGISTRAR OF CO-OPERATIVE
                       ...       Respondent

                For Petitioner  :SRI.S.P.ARAVINDAKSHAN PILLAY

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :28/11/2008

 O R D E R
         THOTTATHIL B. RADHAKRISHNAN, J.

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            W.P.(C).No.30144 of 2008-L

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     Dated this the 28th day of November, 2008.

                     JUDGMENT

1.The petitioner, the President of the committee of

a co-operative bank challenges Ext.P2 decision,

whereby the respondent Joint Registrar has

interdicted the bank from conducting any

selection and appointment to the category of

Peons and Attenders.

2.The last sentence of Ext.P2 appears to give the

impression that it is an interlocutory order. But

the learned Government Pleader submits that it is

essentially a final order and all that is meant

is only that it is not a restraint for all times

to come. This means that the Joint Registrar had

finally concluded against the bank that it cannot

conduct the selection and appointment pursuant to

Ext.P1 notification.

WP(C)30144/08 -: 2 :-

3.Admittedly, Ext.P2 has been issued without

hearing the bank.

4.Following the interim orders, selection has been

made and it is stated that a ranked list has

been prepared, however that, by the force of

those interim orders, no appointments have been

made.

Under such circumstances, this writ petition is

allowed quashing Ext.P2 and directing that the

objections of the petitioner to Ext.P2, shall be

considered treating Ext.P2 as a tentative

decision and final orders will be issued within

three weeks from the date of receipt of a copy

of this judgment. Until then, no appointments

shall be made pursuant to the selection

conducted on the basis of the interim orders.

The petitioner will make appearance before the

Joint Registrar on the 3rd December, 2008.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/281108