P. Vijayalakshmi and Paul T. Varghese v. Registrar of Co-operative Societies, Concurrent Auditor, and Thalore Service Co-operative Bank Ltd.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** **THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN** **FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933** **WP(C).No. 15473 of 2011(H)** **----------------------------------** ## **PETITIONER(S):** - **--------------------** **1. P.VIJAYALAKSHMI, BRANCH MANAGER, THALORE SERVICE CO-OPERATIVE BANK, LTD.NO.435, P.O.THALORE 680 306, THRISSUR DISTRICT.** **2. PAUL T.VARGHESE, BRANCH MANAGER, THALORE SERVICE CO-OPERATIVE BANK, LTD.NO.435, P.O.THALORE 680 306, THRISSUR DISTRICT.** **BY ADVS. SRI.P.N.MOHANAN SMT.I.VINAYAKUMARI** ## **RESPONDENT(S):** - **--------------------** **1. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 695 001** ## **2. CONCURRENT AUDITOR,** - **ATTACHED TO THALORE SERVICE CO-OPERATIVE BANK, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MUKUNDAPURAM, IRINJALAKKUDA - 680 121, THRISSUR DISTRICT.** **3. THALORE SERVICE CO-OPERATIVE BANK, LTD.NO.435, REPRESENTED BY SECRETARY, P.O.THALORE 680 306, THRISSUR DISTRICT.** **R1 & R2 BY GOVT. PLEADER SRI. P.M.MANOJ R3 BY ADV. SRI.C.HARIKUMAR** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, ALONG WITH WPC NO. 13852 OF 2011 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **svs** ## **W.P.(C). NO.15473/2011** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** - **P1 & P2:COPIES OF THE RESOLUTIONS NO.269/2003 DATED 21/12/2010 AND 269/2002 DATED 21/12/2010 OF THE MANAGING COMMITTEE.** - **P3: COPY OF THE STAFF STRENGTH ALONG WITH FEEDER CATEGORY.** - **P4: COPY OF THE JUDGMENT DATED 23/11/2005 IN WPC. NO.29679/2004.** **P5 & P6:COPIES OF THE ORDERS DATED 21/05/2011 AND 17/05/2011.** - **P7: COPY OF THE JUDGMENT REPORTED IN 2007(1)KLT 581.** - **P8: COPY OF THE JUDGMENT DATED 09/02/2010 IN WPC. NO.1424/2010.** - **P9: COPY OF THE JUDGMENT IN W.A. 361/2011 DATED 18/03/2011.** - **P10: COPY OF THE JUDGMENT REPORTED IN ILR 2011 (2) KER 500** ## **RESPONDENT'S EXHIBITS: NIL** ## **/TRUE COPY/** **P.A. TO JUDGE.** **svs** ## **P.N. RAVINDRAN, J.** ## ------------------------------- ## **W.P.(C) No. 15473 of 2011** ------------------------------- ## **Dated this the 19[th] day of August, 2011** ## **J U D G M E N T** Exts.P5 and P6 orders issued by the Registrar of Cooperative Societies in exercise of the power conferred on him under rule 185(8) of the Kerala Co-operative Societies Rules, 1969 exempting the petitioners from acquiring the educational qualification of Graduation for the purpose of promoting them to the category of Branch Manager/Internal Auditor to the extent it limits the order of exemption from the date of the order is under challenge in this writ petition. 2. The first petitioner entered service as Junior Clerk in the third respondent society on 1.2.1983. She then possessed a pass in the SSLC and Junior Diploma in Co-operation. She was promoted as Senior Clerk on 1.1.2002, as Head Clerk on 1.5.2010 and as Internal Auditor on 1.6.2009 and with effect from 1.5.2011 she is working as Branch Manager of the third respondent bank. The second respondent who is similarly situated entered service as Junior Clerk on 15.7.1981, he was promoted as Senior Clerk on 1.4.1998, as Head Clerk on 1.1.2002 and as Branch Manager with effect from 1.6.2006. Both the petitioners are non graduates. Under rule 186 of the Kerala W.P.(C) No.15473 of 2011 2 Co-operative Societies Rules, only graduates can be appointed as Brach Managers/Internal Auditors in co-operative societies. Rule 185 (8) however empowers the Registrar of Co-operative Societies to exempt in deserving cases employees of co-operative societies who fulfill the conditions stipulated in the said rule from possessing the degree for the purpose of promotion to a higher post. Formerly prior to 3.9.2005, rule contemplated prior approval of the Registrar before promoting the applicants. With effect from 3.9.2005, the rule was amended taking away the necessity of obtaining prior approval, but empowering the Registrar to exempt employees from possessing the degree. Petitioners were promoted to the category of Branch Manager/Internal Auditor with effect from 1.6.2009 and 1.6.2006 respectively, after the amendment came into force. 3. After the petitioners were promoted, the managing committee of the third respondent society adopted Exts.P1 and P2 resolutions whereby they resolved to request the Registrar of Cooperative Societies to exempt the petitioners from possessing a degree with effect from 1.6.2009 and 1.6.2006 respectively. The third respondent society thereafter moved the Registrar of Cooperative Societies seeking the exemption. By the impugned orders, the Registrar granted exemption, but directed that the orders of W.P.(C) No.15473 of 2011 3 exemption will take effect only from the dates on which orders are passed. Hence this writ petition challenging the said stipulation. 4. The main contention raised by the petitioners is that the order of relaxation should take effect from the dates on which they were promoted as Branch Manager/Internal Auditor and that the Registrar of Co-operative Societies erred in granting the exemption with prospective effect. Reliance is placed on unreported decision of this Court in W.P.(C) No.29679 of 2004 (Ext.P4), reported decision of a learned single Judge of this Court in **Dasan v. Registrar of Cooperative Societies** (2007 (1) KLT 581), unreported decision of a learned single Judge of this Court in W.P.(C) No.1424 of 2010 (Ext.P8) and a decision of the Division Bench of this Court in W.A.No.361 of 2011 upholding Ext.P8 judgment (Ext.P9). 5. Though respondents have been served and they have entered appearance, they have however not till date filed counter affidavit. 6. I heard Sri.P.N.Mohanan, learned counsel appearing for the petitioners, Sri.P.M.Manoj, learned Government Pleader appearing for respondents 1 and 2 and Sri.C.Harikumar, learned counsel appearing for the third respondent. From a reading of Exts.P5 and P6 orders passed by the Registrar of Co-operative W.P.(C) No.15473 of 2011 4 Societies, it is evident that the petitioners are entitled to relaxation of qualification for the purpose of promoting them to the category of Branch Manager/Internal Auditor. The orders also disclose that they fulfil the conditions stipulated for grant of an order of relaxation. The Registrar of Co-operative Societies however directed that the order of relaxation will take effect only from 21.5.2011 and 17.5.2011 respectively, the date of the impugned orders. A learned single Judge of this Court has in Ext.P4 judgment held that it is within the province of the committee to decide upon the date from which exemption should be granted. The same view was re-iterated by this Court in **Dasan v. Registrar of Co-operative Societies** (supra) and in Ext.P8 judgment in W.P.(C) No.1424 of 2010. The correctness of the decision of the learned single Judge in Ext.P8 judgment was canvassed before a Division Bench of this Court by the Registrar of Co-operative Societies by filing W.A.No.361 of 2011. By Ext.P9 judgment delivered on 18.3.2011, the Division Bench of this Court upheld Ext.P8 judgment and held that the decision of the learned single Judge does not merit interference. Ext.P9 judgment has attained finality and it is binding on the Registrar of Co-operative Societies. In such circumstances, I am of the opinion that the petitioners ae entitled to succeed. W.P.(C) No.15473 of 2011 5 I accordingly dispose of the writ petition with a declaration that exemption granted to the petitioners as per Exts.P5 and P6 orders shall take effect from 1.6.2009 and 1.6.2006 respectively. Needless to say, the petitioners will be entitled to all service benefits on that basis. **P.N. RAVINDRAN, JUDGE.** nj. ## **P.N.RAVINDRAN, J.** -------------------------------------- W.P.(C) No.15473 of 2011 ## **JUDGMENT** Dated:- 19[th] August, 2011 --------------------------------------