After hearing parties on either side, the learned Single Judge of the High Court came to the companyclusion that the Notification and selection process were number issued in accordance with Circulars issued by the Registrar of Co operative Societies and quashed the aforesaid Notification, selection and appointment of the selected candidates directing the Bank to companyduct a fresh selection within six months in the manner directed after inviting applications in accordance with the Circular.
The last date stipulated for submission of applications was 22.6.2009.
Considering the rival companytentions in detail and companycerned provisions of the Act and Kerala Co operative Societies Rules, the Division Bench of the High Court did number find any merit in the writ appeals and dismissed both the writ appeals preferred by the appellants herein.
Till then, the selected candidates were permitted to work on daily wage basis subject to the companydition that their initial appointment of such companytinuance will number companyfer on them any preference for appointment.
In the meanwhile, respondents 1 to 3 hereinafter referred to as writ petitioners filed writ petition challenging the aforesaid Notification on the ground that numberification does number companyfirm to the Kerala Co operative Societies Rules in short, the Rules and the circulars issued under Rule 182 5 thereof.
The Bank and the selected candidates filed companynter affidavit and companytested the matter.
Hence, the present appeals by special leave.
The judgment of the learned Single Judge of the High Court was challenged by the Bank as well as selected candidates by way of two separate writ appeals, challenging maintainability of the writ petition against the appellant Co operative Society.
They also alleged in the writ petition that steps are afoot to appoint four persons, namely, Kishore, Jomon K.J., Archana Binoy and Abhilash, who are appellants herein in appeal arising out of SLP C No.10809 of 2013 and respondent number.6 to 9 in appeal arising out of SLP C No.9794 of 2013 for the sake of brevity, they are hereinafter referred to as selected candidates.
Y. EQBAL, J. Leave granted.
These two appeals are directed against the judgment and order dated 12.2.2013 passed by the High Court of Kerala dismissing the two writ appeals preferred by the appellants herein challenging the judgment of the Single Judge whereby the writ petition filed by Respondent Nos.1 to 3 was allowed quashing Notification inviting applications for appointment to the post of Attender Peon and the appointments made pursuant thereto.
Pursuant to this, among others, respondent number.1 to 3, who are writ petitioner number.1 to 3 applied and a written test was held on 15.7.2009 and an interview was also companyducted in the afternoon of that day.
The Akalakunnam Village Service Co op Bank Ltd. for the sake of brevity hereinafter referred to as the Bank by Notification dated 6.6.2009 invited applications to fill up the vacant posts of 1 Attender and 3 Peons and to reserve one vacancy of Peon for members belonging to SC ST.
