K K KRISHNAN Vs. GENERAL MANAGER

JUDGEMENT

(1.) THE petitioner was originally appointed as a Weaving Assistant in the 5th respondent Co-Operative Society. Later on, he was appointed in the vacancy of Appraiser which has arisen on retirement of the incumbent, by Ext.P1 order dated 09.12.1995. The General Manager, District Industries Centre-the first respondent herein, who is the authority to approve such appointment, refused to approve the said appointment on the ground that there were no posts of Weaving Assistant and Appraiser in the society and prior approval was not obtained from the General Manager, for such appointments. The petitioner approached this court by filing WP(C) No.13280/97, in which the petitioner was relegated to the alternate remedy by way of appeal before the Government under Section 83 of the Kerala Co- Operative Societies Act. Accordingly, the petitioner filed Exts.P6 appeal, which was dismissed by Ext.P7 order of the Government, upholding the objection of the General Manager, District Industries Centre, that there were no posts of Weaving Assistant and Appraiser at the time of the petitioner's appointment and prior permission was not obtained from the General manager, District Industries Centre in respect of the appointment. The petitioner is challenging Exts.P3, P5, P7 and P8 orders. Ext.P3 is the order of the General Manager refusing the approval of the petitioner's appointment. Ext.P5 is the direction from the General Manager, District Industries Centre to terminate the services of the petitioner as an Appraiser. Ext.P7 is the order of the Government in the appeal filed by the petitioner. Ext. P8 is the direction from the General Manager to terminate the services of the petitioner consequent to Ext.P8 order.

(2.) A counter affidavit has been filed by the first respondent supporting the impugned orders.