Abdul Rasheed and Others v. Leela and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **MONDAY, THE 6[TH] DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943** ## **WP(C) NO. 25573 OF 2013** **AGAINST THE ORDER/JUDGMENT IN OTHERS 44/2012 OF KERALA CO-** **OP.TRIBUNAL, THIRUVANANTHAPURAM., THIRUVANANTHAPURAM** ## **PETITIONER/S:** 1 ABDUL RASHEED S/O. ABOOBACKER, KODIYANKUNNATHU HOUSE, THRIKKANDIYIR, TIRUR, (BRCNAH MANAGER, KUTTIPPURAM SERVICE CO-OPERATIVE BANK LTD. NO. M.729, KUTTIPPURAM POST, PIN-679571, MALAPPURAM DISTRICT.) 2 P.P. ABDUL GAFOOR S/O. KUNHIMOHAMMED P.P.C., POTTEMMEL PADINHARETHIL EDACHALAM, PERASANOOR POST-679571 (BRCNAH MANAGER, KUTTIPPURAM SERVICE CO-OPERATIVE BANK LTD. NO. M.729, KUTTIPPURAM POST, PIN-679571, MALAPPURAM DISTRICT.) 3 ABDUL AZEEZ.K.P. S/O. KAMMUNNY ALIAS BAVA, KORATH PULIKKATHODI HOUSE, SOUTH BAZAR, KUTTIPPURAM POST, (BRCNAH MANAGER, KUTTIPPURAM SERVICE CO-OPERATIVE BANK LTD. NO. M.729, KUTTIPPURAM POST, PIN-679571, MALAPPURAM DISTRICT.) BY ADVS. SRI.N.K.SUBRAMANIAN SRI.S.ANANTHAKRISHNAN ## **RESPONDENT/S:** 1 P.P.LEELA ACCOUNTANT, THE KUTTIPPURAM SERVICE CO-OPERATIVE BANK LTD. NO. M.729, KUTTIPPURAM.P.O., MALAPPURAM DISTRICT679571. 2 THE KUTTIPPURAM SERVICE CO-OPERATIVE BANK LTD. NO. M-729, KUTTIPPURAM POST-679571, MALAPPURAM DISTRICT. REPRESENTED BY ITS SECRETARY/PRESIDENT. **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **2** - 3 P.C. MOHAMMED SIRAJ SENIOR CLERK, THE KUTTIP[PURAM SERVICE CO-OPERATIVE BANK LTD., NO. M.729, KUTTIPPURAM.P.O., MALAPPURAM DISTRICT-679571. - 4 CO-OPERATIVE ARBITRATION COURTNORTHERN ERANHIPALAM.P.O., KOZHIKODE-673006. - 5 THE KERALA CO-OPERATGIVE TRIBUNAL ERANHIPALAM.P.O., KOZHIKODE-673006. - 6 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIESGENERL CIVIL STATION, MALAPPURAM. - 7 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-695001. BY ADVS. SRI.P.N.MOHANAN SRI.ARUN MATHEW VADAKKAN SRI.ARUN MATHEW VADAKKAN SRI.K.P.SUDHEER ## **OTHER PRESENT:** GP SRI JIMMY GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.7.2021, ALONG WITH WP(C).29807/2014, THE COURT ON 6.9.2021 DELIVERED THE FOLLOWING: **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **MONDAY, THE 6[TH] DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943** **WP(C) NO. 29807 OF 2014** ## **PETITIONER/S:** P.P.LEELA BRANCH MANAGER,THE KUTTIPPURAM SERVICE CO-OPERATIVE BANK LTD.NO.729,KUTTIPPURAM,MALAPPURAM DISTRICT679571. BY ADV SRI.P.N.MOHANAN ## **RESPONDENT/S:** 1 K.K.ABDUL RASHEED ASSISTANT SECRETARY/MANAGER,KUTTIPPURAM SERVICE CO-OP BANK LTD.M.729,H.O.KUTTIPPURAM,MALAPPURAM DISTRICT679571. 2 P.P.ABDUL GAFOOR BRANCH MANAGER,KUTTIPPURAM SERVICE CO-OP BANK LTD.M.729,NADUVATTOM BRANCH,CHEMPIKKAL,POST PAZHOOR,MALAPPURAM DISTRICT-679571. 3 K.P.ABDUL AZEEZ BRANCH MANAGER,KUTTIPPURAM SERVICE CO-OP BANK LTD.M.729,EVENING BRANCH,KUTTIPPURAM,MALAPPURAM DISTRICT-679571. 4 GEETHA.V.M PEON,KUTTIPPURAM SERVICE CO-OP BANK LTD.M.729,EVENING BRANCH,KUTTIPPURAM,MALAPPURAM DISTRICT-679571. **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **4** - 5 KUTTIPPURAM SERVICE CO-OP BANK LTD.M.729 REPRESENTED BY SECRETARY,KUTTIPPURAM,MALAPPURAM DISTRICT-679571. - 6 MANAGING COMMITTEEOF THE KUTTIPPURAM SERVICE CO-OP BANK LTD M.729 REPRESENTED BY PRESIDENT,KUTTIPPURAM,MALAPPURAM DISTRICT-679571. - 7 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIESGENERAL CIVIL STATION,MALAPPURAM-676505. BY ADVS. SRI.S.ANANTHAKRISHNAN SRI.T.R.HARIKUMAR SMT.M.R.SREELATHA SRI.N.K.SUBRAMANIAN SRI.K.P.SUDHEER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2021, ALONG WITH WP(C).25573/2013, THE COURT ON 6.9.2021 DELIVERED THE FOLLOWING: **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **5** ## **JUDGMENT** In WP(C) No.25573 of 2013 (First writ petition), the orders of the ARC dated 24.2.2012 rendered in ARC No.71 of 2011, Ext.P19 and order of the Tribunal in Appeal No.44 of 2012 dated 28.5.2012, Ext.P21 have been challenged by Sri.K.K Abdul Rasheed and others whereby respondent No.1 was ordered to be promoted to the post of Branch Manager from the date of resolution dated 25.7.2007 and petitioners have been declared junior to the 1[st] respondent. 2. In W.P.(C) No.29807 of 2014 (Second writ petition), a declaration has been sought that the petitioner is senior to that of the respondents ie, the petitioners in the First writ petition. There has been a litigation at the behest of the petitioner in Second writ petition ie., Smt. P.P Leela vide in W.P.(C) No.6877/08 in this Court, whereby exemption of the qualification to the post of Branch manager as per the Rule 186 was claimed. 3. The managing committee vide resolution dated **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **6** 25.7.2007 requested the Government to grant exemption to the petitioner from acquiring the qualification of graduation for the purpose of promotion. The request was rejected by the Government and the said order was challenged in W.P.(C) No.6877 of 2008 before this Court. Vide judgment dated 23.5.2008 writ petition in terms of the judgment passed in W.P.(C) No.31218 of 2007 was allowed. The aforementioned order was assailed by Government of Kerala in W.A No.2020/2009 affirmed the exemption granted to the petitioner by judgment dated 7.9.2012. The aforementioned order was sought to be reviewed at the instance of the affected parties like the petitioners in the First writ petition and the respondents 1 to 3 in the Second writ petition on the premise that in the aforementioned writ petition and the Writ Appeal they were neither impleaded nor any notice was served. Review petition was dismissed by the Division Bench on 7.4.2012 but while dismissing the review petition it was made clear that dismissal will not preclude the petitioners in the review petition to pursue **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **7** their remedies in other litigation pending in this Court. In other words, by that time the writ petition at their instance ie., the First writ petition was already pending in this Court. 4. The question to be decided by this Court is whether the exemption granted to the petitioner Smt. P.P Leela, in Second writ petition, who is the respondent in other writ petition, would suffice the condition required under Section 185 (8)(b)(ii) and (iii) of Kerala Co-operative Society Rules or not. Smt. P.P Leela despite the order by the Single Bench and Writ Appeal, approached the Arbitration Court vide ARC No.71 of 2011 claiming promotion to the post of Branch Manager with effect from 1.5.2005 and subsequently as Manager/Chief Accountant in the available vacancy by declaring her senior, to the petitioners in the First writ petition and the respondents 1 to 3 in the Second writ petition. Learned ARC vide order dated 24.2.2012 accepted the suit of Smt. P.P Leela (petitioner in the Second writ petition) entitling her to get promotion as Branch Manager with effect from the passing of the resolution dated 25.7.2007 and **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **8** declared that she is senior than the others. The petitioners in the First writ petition ie., the respondents 1 to 3 in the Second writ petition preferred an appeal against the aforementioned order, Ext.P21 in the First writ petition wherein a specific plea with regard to the non compliance of the provisions of Rule 185 (8)(b)(i) and (ii) was specifically taken. The Tribunal vide order dated 26.8.2013 though noticed the arguments with regard to provisions of Rule 185(8)(b) wherein condition of minimum five years of service in feeder category and age not less than 45 years was sine qua non considered the previous orders of the High Court, dismissed the appeal. It is in that circumstances, the present writ petitions are pending. 5. Learned counsel appearing on behalf of the petitioner in the Second writ petition urged that the order of promotion of private respondents ought to have been set aside and promoted the petitioner to the post of Branch Manager and thereafter subsequent promotions. 6. Respondents are estopped to raise the applicability of **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **9** the provisions of Rule 185 (8)(b)(i) and (ii) and as the petitioner had already completed JDC, there was no need of requirement of minimum five years of administrative work. The judgment dated 23.5.2008 in W.P.(C) No.6877 of 2008 was rendered on the basis of the orders passed in W.P.(C) No.31218 of 2007 dated 5.12.2007. 7. On the other hand, learned counsel appearing on behalf of the respondents submitted that Registrar was not competent to issue an order of relaxation of educational qualification on the date of receipt of the request of the Society supported by a resolution, as Rule 185 (8) envisage the post to which promotion is sought by the employee after relaxation from the educational qualification, cannot be allowed to remain vacant for long till the exercise is completed and a junior employee may at the same time stake claim for promotion on the ground that he/she is already qualified and the senior if gets relaxation of educational qualification from the Registrar of Co-operative Societies at a later date would be placed below the junior hand in the promoted **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **10** post. The judgment dated 23.5.2008 in W.P.(C) No.6877 of 2008 was passed in favour of Smt.P.P Leela on the basis of judgment in W.P.(C) No.31218 of 2007. It was a case where though exemption was granted to the Society, which pertained to only few employees and the other employees raised the plea exemption should have been to the Society as a whole but that judgement did not take away objection from any of the parties for satisfying the conditions which are required for the purpose of granting exemption. Smt.P.P Leela had not completed stipulated 5 years of service in the feeder category at the time of adoption of resolution dated 25.7.2007. Even at the time when Ext.P5 was passed, she was less than 45 years at the time of adoption of the resolution but this aspect has not been taken care of by the Arbitration Court or Tribunal. Smt. P.P Leela obtained degree in B.A Sociology ie., in the month of 2011 as per the certificate dated 11.8.2011 during the pendency of the Arbitration case. The right to take objection for non compliance of the conditions was not taken away in view of the observations of the review **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **11** court. In this background of the matter, the resolution ought to have been recalled, thus the impugned orders of the Arbitration court and Tribunal are liable to be set aside. 8. I have heard the learned counsel for the parties and appraised the paper book. For arriving at a just fair and equitable findings, it would be appropriate to extract Rule 185 (8)(b)(ii) and (iii) of the Kerala Co-operative Society Rules. ## 185.Promotion: xxx (8) It shall be competent for the Registrar of Co-operative Societies to relax the qualification, other than basic qualification and pass in the competitive examination specified in sub-rule (5), of an employee, for the purpose of promotion in deserving cases, on the request of a society by passing a resolution subject to the following conditions:- a. Minimum educational qualification for ministerial and supervisory posts other than those requiring technical qualification shall be S.S.L.C Exemption from passing SSLC. Exemption from passing SSLC shall not be granted under any circumstances provided that in the case of employees who were appointed direct to the ministerial posts before 1.1.1974 SSLC need not be insisted. b. Where the academic qualification prescribed is graduation and above, exemption from acquiring the said qualification may be considered if the incumbent satisfied the following conditions, namely:- - i. should have passed JDC or equivalent; ii. should have a minimum service of five years in the feeder category; and iii. should not be less than forty-five years of age. 9. In the order dated 3.7.2019 passed in R.P No.265 of **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **12** 2015 in W.A No.2020/2009 while dismissing the review petition, following observation was given by the Division Bench. 'Hence the review petition fails and the same is hereby dismissed. However, we make it clear that dismissal of the Review Petition will not in any manner preclude the petitioners herein to pursue their remedies in other litigations which are pending before this court' On perusal of the same, it is evident that petitioners who were not party in the earlier round of litigations did not preclude them to pursue the remedies in the other litigation ie., the present writ petition by taking all legal pleas. 10. Rule 185 (8)(b)(ii) and (iii), prescribes that the Registrar of the Co-operative Society is competent to relax the qualification other than the basic qualification and pass in the competitive examination specified in sub-rule (5), for the purpose of promotion in deserving cases, as the minimum qualification for ministerial and supervisory posts other than those requiring technical qualification is S.S.L.C. But there is a caveat that the incumbent must satisfy three conditions provided in sub Rule 8(b) of Rule 185 ie., should have passed JDC or equivalent, should have a minimum service of five years in the feeder category and **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **13** should not be less than forty-five years of age. 11. It is a matter of record that the petitioner Smt. P.P Leela was promoted as Accountant in 2004 whereas the resolution was passed in July 2007. At that time had not completed five years of service. It is also a conceded position on record that the petitioner, Smt. P.P Leela had not also attained the age of forty five years. The period of five years could have been relaxed, had the person, who completed 50 years of service, which is not the position in the case in hand. By the time when the review petition was preferred and decided, writ petition at the instance of the affected parties ie., the petitioners in the First writ petition and the respondent Nos. 1 to 3 in the Second Writ petition had already approached this Court. It is also a matter of record that Smt.P.P Leela passed B.A from Calicut University in April 2011 and not in 2012, ie., 23.2.2012 is the date of issuance of the degree certificate. Even the seniority list has been also prepared considering the objection of Smt.P.P Leela but the same has not been challenged. Both the Tribunal and Arbitration **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **14** Court have been totally swayed away with the findings rendered in the earlier round of litigation. 12. Smt. P.P Leela was promoted as Branch Manager but the question is whether her promotion would laid back to the date of passing of resolution; answer is in negative. All the petitioners in the First writ petition ie., the respondents 1 to 3 in the Second Writ Petition had also applied for qualifying examination as contemplated in 185(5) of the Societies Rules as there was no bar in the terms of examination. Resolution of July 2007 was thus per se against the Statute. Intriguingly, Smt.P.P Leela did not implead the affected parties who were in queue for promotion, as Junior to her, when exemption was sought. The Division Bench of this Court in _**Mariyamma v. Thrissur District Co-operative Bank Ltd., (2018 (3) KLT 863)**_ laid down that the Registrar of Co-operative Societies is competent to relax the qualification of an employee for the purpose of promotion in deserving cases in anticipation of an arising vacancy. No doubt, the Registrar is competent but the resolution has to be subject to **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **15** adherence to the Rules as well as the conditions required to be satisfied for the purpose of granting exemption. Orders of the Arbitration Court and Tribunal are hereby modified to the extent that the prayer of the petitioners in the First writ petition ie., W.P.(C) No.25573 of 2013 is accepted. Respondent therein and the petitioner in the Second writ petition ie., Smt. P.P Leela, shall be considered for promotion only after fulfilling the qualification of 5 years in the Feeder category and completion of 45 years. The seniority list Ext.P11 (W.P.(C) No.29807 of 2014) has already been circulated, which has not been objected to. With the aforementioned observations, these writ petitions are disposed of. sab Sd/- **AMIT RAWAL** **JUDGE** **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **16** ## **APPENDIX OF WP(C) 29807/2014** PETITIONER EXHIBITS EXT.P1 COPY OF THE JUDGMENT DAZTED 23.5.2008 IN W.P(C)6877/08 EXT.P2 COPY OF THE JUDGMENT DATED 7.9.2012 IN W.A.2020/2009 EXT.P3 COPY OF THE AWARD DATED 24.2.2012 NO.71/2011 EXT.P4 COPY OF THE JUDGMENT DATED 26.8.2013 OF THE TRIBUNAL EXT.P5 COPY OF THE ORDER OF THE JOINT REGISTRAR DATED 24.9.2012 EXT.P6 COPY OF THE ORDER DATED 3.5.2013 OF THE JOINT REGISTRAR EXT.P7 COPY OF THE DEGREE CERTIFICATION OF THE PETITIONER EXT.P8 COPY OF THE ORDER DATED 13.10.2012 OF THE BANK EXT.P9 COPY OF THE PRELIMINARY SENIORITY LIST OF THE BANK EXT.P10 COPY OF THE OBJECTION DATED 28.10.2014 EXT.P11 COPY OF THE SENIORITY LIST DATED 30.10.2014 EXT.P12 COPY OF THE ORDER DATED 31.10.2014 OF THE BANK. **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **17** RESPONDENT EXHIBITS |Exhibit R1(A)|TRUE COPY OF SAID RESOLUTION DATED| |---|---| ||25/07/2007.| |Exhibit R1(B)|TRUE COPY OF RESOLUTION NO. 11 DATED| ||24/01/2008.| |Exhibit R1(C)|TRUE COPY OF PLANT DATED 23/01/2009 WITH OUT| ||ANNEXURES.| |Exhibit R1(D)|TRUE COPY OF WRITTEN STATEMENT DATED| ||17/02/2009.| |Exhibit R1(E)|TRUE COPY OF APPEAL NO.44/2012 DATED| ||28/05/2012 WITHOUT ANNEXURES.| |Exhibit R1(F)|TRUE COPY OF RP AND IA NO.304/2013 DATED| ||12/04/2013 WITHOUT ANNEXURES.| |Exhibit R1(G)|TRUE COPY OF PETITION U/R. 176 DATED| ||25/05/2012.| |Exhibit R1(H)|TRUE COPY OF JUDGMENT IN WPC NO.816/2013| ||DATED 08/01/2013.| |Exhibit R1(I)|TRUE COPY OF ORDER IN RP NO.267/2013 DATED| ||22/03/2013.| |PETITIONER EXHIBITS|| |Exhibit R1(J)|TRUE COPY OF RESOLUTION BEARING NO. 6 DATED| ||08/07/2008.| |Exhibit R1(K)|TRUE COPY OF LETTER OF REGISTRAR DATED| ||21/10/2008.| |Exhibit R1(L)|TRUE COPY OF LETTER BY R5 DATED 12/11/2008.| **WP(C) NO. 25573 OF 2013 and 29807 of 2014** ## **18** Exhibit R1(M) TRUE COPY OF LETTER OF OBJECTION DATED 15/11/2008 BY R1. Exhibit R1(O) TRUE COPY OF APPEAL DATED 04/11/2014 AND STAY PETITION. Exhibit R1(P) TRUE COPY OF THE JOINING REPORT OF R1 DATED 01/11/2014. Exhibit R1(Q) TRUE COPY OF REQUEST BY RESPONDENTS DATED 03/04/2014. Exhibit R1(R) TRUE COPY OF LR. NO. HCN/04/2014-15 DATED 07/04/2014. Exhibit R1(S) TRUE COPY OF THE REQUEST DATED 22/04/2014. Exhibit R1(T) TRUE COPY OF ORDER NO. HCN/14-15 DATED 06/11/2014. Exhibit R1(N) TRUE COPY OF LETTER OF OBJECTION DATED 15/11/2008 BY R2. **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **19** ## **APPENDIX OF WP(C) 25573/2013** PETITIONER EXHIBITS P1. TRUE COPY OF RELEVANT PAGES OF SERVICE BOOKS. P2. TRUE COPY OF RESOLUTION NO. 5 DT. 20-11-08. P3. TRUE COPY OF TRANSFER ORDER DT. 2-2-09. P4. TRUE COPY OF ORDER NO. O. 2602/06 (1) DT. 8-4-05. P5. TRUE COPY OF RESOLUTION NO. 10 DT. 25-7-2007. P6. TRUE COPY OF RESOLUTION NO. XI DT. 24-1-08. P7. TRUE COPY OF RESOLUTION NO. XXIII DT. 19-4-09. P8. TRUE COPY OF PROCEEDINGS BY R2 DT. 30-1-08. P9. TRUE COPY OF PROCEEDINGGS BY R2 DT. 22-4-08. P10. TRUE COPY OF JUIDGMENTY DATYED 23-5-08 IN WP[C NO. 6877 OF 2008. P11. TRUE COPY OF JUDGMENT DT. 5-12-07 IN WPC NO. 31218/08. P12. TRUE COPY OF RESOLUTION DATED 8-7-2008. P13. TRUE COPY OF LETTER NO. E.M. 3. 45548/2008 DATED 21-10-2008. P14. TRUE COPY OF LETTER DATED 12-11-2008 ISSUED TO THE PETITIONERS. P15. TRUE COPY OF OBJECTION BY PETITIONERS DATED 1511-2008. **WP(C) NO. 25573 OF 2013 and 29807 of 2014** **20** P16. TRUE COPY OF PLAINT WITH STAY PETITION DATED 231-2009 IN A.R.C. NO. 71 OF 2011. P17. TRUE COPY OF THE WRITTEN STATEMENT DATED 17-22009. P18. TRUE COPY OF JUDGMENT IN W.A. NO. 2020 OF 2009 DATED 7-9-2012. P19. TRUE COPY OF ORDER DATGED 24-2-2012 IN A.R.C. NO. 71 OF 2011. P20. TRUE COPY OF JUDGMENT IN CON. CASE (C) NO. 274 OF 2009 DATED 3-4-2009. P21. TRUE COPY OF APPEAL NO. 44 OF 2012 DT. 28-52012. P22. TRUE COPY OF JUDGMENT IN APPEAL NO. 44 OF 2012. P23. TRUE COPY OF LETTER DATED 31-12-11 ISSUED TO THE 2ND PETITIONER. P24. TRUE COPY OF PETITION DATED 25-5-2012 BEFORE R6. P25. TRUE COPY OF JUDGMENT DATED 8-1-1- 2013 IN WPC NO. 813 OF 2013. P26. TRUE COPY OF ORDER DATED 22-3-2013 IN R.P. NO. 267/12. P27. TRUE COPY OF REVEIW PETITION WITH I.A. NO. 394/13 DATED 12-4-2013. P28. TRUE COPY OF ORDER NO. C.R.P. (2) 3740/2012 DATED 3-5-2013 BY R6. EXHIBIT R1A S.R.O.824/2007 RESPONDENT EXHIBITS Exhibit R1B SENIORITY LIST. ## **WP(C) NO. 25573 OF 2013 and 29807 of 2014** ## **21** Exhibit R1C A TRUE COPY OF THE ORDER DATED 24.09.2014 OF THE JOINT REGISTRAR. Exhibit R1D A TRUE COPY OF THE SENIORITY LIST DATED 21.9.2014. PETITIONER EXHIBITS EXHIBIT R2A TRUE COPY OF THE LIST WHICH CONTAINS THE NAMES OF EMPLOYEES WHO WERE WORKING AT THE TIME OF BIFURCATION OF THE BANK. EXHIBIT R2 (B) TRUE COPY OF RESOLUTION NO.10 DATED 25.7.2007 OF 2ND RESPONDENT BANK. EXHIBIT R2(C) TRUE COY OF LETTER DATED 10.7.2008 ISSUED BY THE 2ND RESPONDENT BANK BEFORE THE GOVERNMENT EXHIBIT R2 (D) TRUE COY OF RESOLUTION NO.6 DATED 8.7.2008 OF THE MANAGING COMMITTEE OF 2ND RESPONDENT BANK. EXHIBIT R2 (E) TRUE COPY OF FINAL SENIORITY OF EMPLOYEES IN 2ND RESPONDENT BANK AS ON 01.04.2013.