Kerala High Court
N.Chandrasekharan Pillai vs Joint Registrar Of Co-Operative
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 22ND DAY OF MAY 2014/1ST JYAISHTA, 1936
WP(C).No. 28119 of 2004 (V)
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PETITIONER(S):
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N.CHANDRASEKHARAN PILLAI,
ACCOUNTANT NADAKKAL SERVICE CO-OPERATIVE
BANK LTD. NO.1874, KALLUVATHUKKAL P.O.
KOLLAM DISTRICT.
BY ADVS.SRI.P.SANTHALINGAM (SR.)
SRI.A.D.SHAJAN
RESPONDENT(S):
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1. JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), KOLLAM.
2. NADAKKAL SERVICE CO-OPERATIVE
BANK LTD. NO.1874, REP.BY ITS SECRETARY, NADAKKAL
KOLLAM DISTRICT.
3. STATE OF KERALA, REP.BY THE SECRETARY
TO GOVT.CO-OPERATIVE DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM.
R1 TO R3 BY GOVERNMENT PLEADER SRI.R.RANJITH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22-05-2014, THE COURT ON THE SAME DAYDELIVERED THE
FOLLOWING:
W.P.(C).NO.28119/2004
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE ORDER NO.CRP(2) 2242/02/K.DIS. DATED 17.6.02 ISSUED BY
THE 1ST RESPONDENT.
EXT.P2: COPY OF THE LETTER NO.O.7890/03/K.DIS. DATED 19.5.2003 SENT BY
THE 1ST RESPONDENT TO THE 2ND RESPONDENT.
EXT.P3: COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST.
EXT.P4: COPY OF THE RESOLUTION NO.2752 DATED 24.11.2003 OF THE 2ND
RESPONDENT CO-OPERATIVE BANK.
EXT.P5: COPY OF THE RESOLUTION NO.2753 DATED 24.11.2003 OF THE 2ND
RESPONDENT.
EXT.P6: COPY OF THE LETTER NO.E.1874/03-04 DATED 1.1.2004 SENT BY THE
SECRETARY, NADAKKAL SERVICE CO-OPERATIVE BANK TO THE ASST.
REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM.
EXT.P7: COPY OF THE LETTER NO. CRP(2) DATED 12.7.2004 OF THE 1ST
RESPONDENT.
EXT.P8: COPY OF THE ORDER NO.GO(MS) 16/89/CO-OP.DTD.22.3.1989 ISSUED BY
GOVERNMENT OF KERALA.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S.TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.28119 OF 2004
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Dated this the 22nd day of May, 2014
J U D G M E N T
The petitioner who was working as an Accountant in the Nadakkal Service Co-operative Bank Ltd. with effect from 20.11.2000 sought a promotion to the post of Internal Auditor at the Bank. As per the Recruitment Rules, which are produced as Ext.P2, the requirements for promotion from the post of Accountant to the post of Internal Auditor are the possession of necessary educational qualifications as per the Co-operative Societies Rules and two years experience in the feeder category, namely, in the post of Accountant. It was found that pursuant to the change of classification of the 2nd respondent Bank from Class II to Class I with effect from 1.4.1999 and from Class I to Special Grade with effect from 1.4.2001, and the consequent changes to the qualification requirement under the Rules, the petitioner did not possess the educational qualifications that were required for the post of Internal Auditor. Under these circumstances, the petitioner approached the 2nd respondent bank with a request for W.P.(C).NO.28119/2004 2 considering his case for relaxation of qualifications in terms of Rule 185 of the Kerala Co-operative Societies Rules. It would appear that the 2nd respondent bank considered the request of the petitioner and vide Ext.P6 communication, addressed from the Secretary of the 2nd respondent Bank to the Assistant Registrar of Co-operative Societies, the petitioner's case for relaxation of qualification was recommended by the bank for his consideration. Vide Ext.P7 order, however the request of the 2nd respondent Bank for regularising the promotion of the petitioner as an Internal Auditor by relaxation of the qualification norms was not accepted by the 1st respondent. This led the petitioner to approach this Court through this writ petition impugning Ext.P7 order.
2. At the stage of admission of the writ petition, this Court vide an interim order dated 26.5.2005 found that Ext.P7 order of the 1st respondent prima facie indicated a non-conformity with Ext.P2 approved Rules of the Society. Under these circumstances, this Court stayed the operation of Ext.P7 order and directed the 1st respondent to take a decision on Ext.P6 application without reference to Ext.P7 order and place the said decision before this Court within a period of W.P.(C).NO.28119/2004 3 three weeks thereafter. It is now brought to my notice by the Government Pleader appearing on behalf of the respondents that by an order dated 29.6.2005 passed by the 1st respondent, the case of the petitioner, for relaxation of the qualification for appointment by promotion to the post of Internal Auditor, has been considered favourably by the 1st respondent and the petitioner has been given the benefit of relaxation of education qualification for the purpose of promotion. In view of this development, the grievance of the petitioner, as projected in the writ petition, stands redressed. The respondents shall pass consequential orders with regard to the service benefits available to the petitioner based on the decision of the 1st respondent referred to above.
With these directions, the writ petition is disposed of.
A.K.JAYASANKARAN NAMBIAR JUDGE prp