IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27881 of 2008(T)
1. VALSALA KUMARY.L., PUTHUVAL PUTHEN
... Petitioner
Vs
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. POOVATTOOR EAST SERVICE CO-OPERATIVE
3. THE SECRETARY,
For Petitioner :SRI.SAJU.S.A
For Respondent :SRI.S.P.ARAVINDAKSHAN PILLAY
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :14/10/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C) NO. 27881 OF 2008 (T)
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Dated this the 14th day of October, 2008
J U D G M E N T
The petitioner, a female, aged 39 years, has filed this writ petition
seeking a direction to the first respondent to direct the second respondent to
appoint the petitioner in an existing vacancy of Peon in the service of the
second respondent.
2. Second respondent notified two vacancies of peons and invited
applications; conducted the written test through an outside agency, held
interview and prepared a ranked list. The petitioner is the third rank holder
in that list. After the appointment of two persons to those vacancies, a third
vacancy arose during the currency of the ranked list. While the employer
cannot be compelled to make appointment, having regard to the fact that the
petitioner is now aged 39 years and is next in the select list, which already
available and live, it would only be worthwhile to appoint her as a Peon since
that will empower the petitioner, a female, in the marginalized sector, with
means for her livelihood and may loose such opportunity at a later point of
time on account of her age.
W.P.(C) No.27881/2008
– 2 –
Under such circumstances, it is ordered that, treating the petitioner’s
as a special case of an extra ordinary nature, the second respondent will
consider Exhibit P1 representation and issue order appointing the petitioner
as Peon, without delay, before the expiry of the rank list, which is in force.
This writ petition is ordered accordingly.
Sd/-
THOTTATHIL B. RADHAKRISHNAN,
JUDGE
skr/15/10
// True copy //
P.A. to Judge.