WP(C) NO. 25250 OF 2024 1 2025:KER:25353 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 25250 OF 2024 PETITIONER: SHIVAPRASAD.K AGED 27 YEARS S/O SHIVARAMAN.K, NEAR ELITE HOTEL, KOTTACHERY, KANHANGAD PO, KASARAGOD – 671 315, PIN - 671315 BY ADVS. K.JAYESH MOHANKUMAR PUSHPARAJAN KODOTH VANDANA MENON VIMAL VIJAY VINAYAK MANOHARAN P. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001 2 REGISTRAR OF COOPERATIVE SOCIETIES JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD THIRUVANANTHAPURAM, PIN - 695014 3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION, VIDHYA NAGAR PO, KASARAGOD, PIN - 671123 4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), HOSDURG, KASARAGOD, PIN - 671315 5 HOSDURG HOUSING CO-OPERATIVE SOCIETY LTD. NO. FF 16 REP BYSECRETARY, T.B ROAD, HOSDURG, KANHANGAD PO, WP(C) NO. 25250 OF 2024 2 2025:KER:25353 KASARAGOD – 671 315, PIN - 671315 6 THE PRESIDENT HOSDURG HOUSING CO-OPERATIVE SOCIETY LTD.NO. FF 16, T.B ROAD, HOSDURG, KANHANGAD PO, KASARAGOD, PIN - 671315 BY ADV Leena C MARY BEENA JOSEPH-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 25250 OF 2024 3 2025:KER:25353 JUDGMENT The petitioner was selected to the post of ‘Attender’ in pursuance to the notification issued by the respondent Society after facing the written test and interview. The petitioner has been waiting for appointment on the said post. 2. The respondent Society has not disputed that the post of Attender is not existing in the Society; however, it is stated that due to the financial problems faced by the Society, they have not been in a position to give the appointment to the petitioner despite his selection to the post of Attender. 3. The Assistant Registrar of the Co-operative Society has already directed to appoint the petitioner to the post of Attender. However, despite the said direction, the petitioner has not been given an appointment and therefore, the petitioner has approached this Court with the present Writ Petition to give effect to the order passed by the Assistant Registrar. 4. On the last date of hearing of this Writ Petition, the petitioner submitted that he would join as a part-time Attender in the respondent Society till the financial position of the Society WP(C) NO. 25250 OF 2024 4 2025:KER:25353 improves, and thereafter, the petitioner should be appointed on substantive basis of which the petitioner was selected for appointment to the post of Attender. 5. The learned counsel for the respondent Society has not disputed the facts. However, she submits that the President/Secretary are not in a position to make statement regarding the appointment of the petitioner as part-time Attender of the Society. This Court may pass the appropriate orders. Considering the aforesaid submission, the present Writ Petition is disposed of with a direction to the respondent Society to appoint the petitioner as a part-time Attender in the Society on consolidated pay, at par with other part-time Attenders on consolidated pay, forthwith and as and when the financial position of the Society improves, the petitioner should be considered for a substantive/regular appointment. Sd/-D. K. SINGH JUDGE lsn WP(C) NO. 25250 OF 2024 5 2025:KER:25353 APPENDIX OF WP(C) 25250/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF CALL LETTER DATED 02.07.2022 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 25.05.2024 RESPONDENT EXHIBITS Counter affidavit of R5 & R6 Counter affidavit sworn by R5 Exhibit R5(a) rue copy of explanation dated 17.7.2024 addressed to 4th respondent Exhibit R5(b) True copy of Minutes containing Resolution No.7 of 5th respondent dated 19/6/2024 Exhibit R5(d) True copies of Audit Certificate for Financial Years 2021-22 dated 12.09.2022 Exhibit R5e) True copies of Audit Certificate for Financial Year 2022-23 dated 06.10.2023 Exhibit R5(f) True copies of Audit Certificates for Financial Year 2023 -24 dated 31.08.2024 Exhibit R5(c) True copy of notice dated 10.7.2024 and issued by Kerala State Cooperative Housing federation Ltd No.4330