SARASWATHY.K v. Joint Registrar of Co-operative Societies, Thiruvananthapuram & Thalore Service Co-operative Bank Ltd.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN** ## **FRIDAY, THE 3RD DAY OF FEBRUARY 2012/14TH MAGHA, 1933** **WPC.No. 30639 of 2011 (D) --------------------------------** **PETITIONER(S):** ## **-------------------** **SARASWATHY.K, BRANCH MANAGER, THALORE SERVICE CO-OPERATIVE BANK LTD.NO.435,P.O.THALORE - 680306, THRISSUR DIST** ## **BY ADVS.SRI.P.N.MOHANAN SMT.I.VINAYAKUMARI** ## **RESPONDENT(S):** **--------------------** **1. JOINT REGISTRAR OF CO-OP. SOCIETIES THIRUVANANTHAPURAM-695001** **2. THALORE SERVICE CO-OPERATIVE BANK LTD., NO. 435, , REP.BY SECRETARY** - **P.O.THALORE-680 306, THRISSUR DIST** **R1 BY GOVT. PLEADER SRI. D. SOMASUNDARAN R2 BY ADVS. SRI.C.HARIKUMAR** **SMT.V.V.ASHA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **svs** ## **W.P.(C). NO. 30639/2011** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** - **P1: COPY OF THE RESOLUTION NO.360 DTD 25.2.2011 OF THA MANAGING COMMITTEE** - **P2: COPY OF THE STAFF STRENGTH ALONG WITH FEEDER CATEGORY** - **P3: COPY OF THE JUDGMENT DTD.23/11/2005 IN WPC.29679/2004** - **P4: COPY OF THE ORDER DTD 14/10/2011** - **P5: COPY OF THE JUDGMENT REPORTED IN 2007(1)KLT 581** - **P6: COPY OF THE JUDGMENT DTD 9/2/2010 IN WPC.1424/2010** - **P7: COPY OF THE JUDGMENT IN WA.361/11 DTD 18/3/2011** - **P8: COPY OF THE ORDER IN R.P.NO.437/2011** - **P9: COPY OF THE JUDGMENT DTD 19/8/2011 IN WPC.15473/11** - **P10: COPY OF THE JUDGMENT REPORTED IN ILR 2011(2) KER 500 DATED 2010 DECEMBER 10TH.** ## **RESPONDENT'S EXHIBITS: NIL** ## **/TRUE COPY/** ## **P.A. TO JUDGE.** **svs** ## **P.N.RAVINDRAN** , **J. --------------------------W.P.(C) No. 30639 OF 2011 -------------------------Dated this the 3[rd] day of February, 2012** ## **J U D G M E N T** The petitioner is an employee of the second respondent cooperative society. She entered service as Junior Clerk on 15.7.1981. She was later promoted to the category of Senior Clerk and still later as Head Clerk with effect from 1.1.2002. At the time of entry in service, the petitioner possessed besides a pass in the SSLC Examination, the educational qualification of Junior Diploma in Co-operation. As per rule 186 of the Kerala Co-operative Societies Rules for promotion to the post of Internal Auditor, Branch Manager and higher posts, the educational qualification of graduation is essential. The petitioner did not however possess the education qualification of graduation. She therefore requested the Managing Committee of the second respondent society to promote her to the category of Internal Auditor after relaxing the educational qualification of graduation. The Managing Committee that met on 5.9.2008 resolved as per resolution No.636/2 to promote her as Internal Auditor with effect from 1.8.2008. The petitioner was WPC No.30639/2011 2 accordingly promoted as Internal Auditor with effect from that date. 2. It appears, the Managing Committee did not immediately thereafter move the Registrar of Co-operative Societies seeking relaxation of the education qualification of graduation. More than two years thereafter, by Ext.P1 resolution dated 25.2.2011 the Managing Committee resolved to request the Registrar of Co-operative Societies to relax the educational qualification of graduation for the purpose of promoting the petitioner to the category of Internal Auditor with effect from 1.8.2008. The Managing Committee that met on 9.5.2011 resolved to submit an application in that regard to the Registrar of Co-operative Societies. Thereupon the Managing Committee submitted an application through the Secretary of the second respondent society to the Registrar of Co-operative Societies seeking relaxation of the educational qualification of graduation for the purpose of promoting the petitioner to the category of Internal Auditor with effect from 1.8.2008. The Registrar of Cooperative Societies considered the application, found that the WPC No.30639/2011 3 petitioner is eligible for grant of relaxation of the educational qualification of graduation and granted the relaxation sought, by Ext.P4 order dated 14.10.2011; but directed that the relaxation will take effect only from the date of the order. In this writ petition, the petitioner challenges the stipulation in Ext.P4 order that the order of relaxation granted thereunder will take effect only from the date of the order namely, 14.10.2011. 3. Relying on Ext.P3 judgment delivered by a learned single Judge of this Court in W.P.(C) No. 29679 of 2004, the decision of a learned single Judge of this Court in **Dasan v. Registrar of Co-operative Societies** (2007 (1) KLT 581), Ext.P6 judgment of a learned single Judge of this Court in W.P. (C) No. 1424 of 2010, Ext.P7 judgment of a Division Bench of this Court in W.A. No.361 of 2011 and Ext.P9 judgment of this Court in W.P.(C) No.15473 of 2011 it is contended that it is within the province of the Managing Committee to decide the date from which the relaxation should be granted and the Registrar of Co-operative Societies cannot therefore stipulate that the order of relaxation will take effect only prospectively. WPC No.30639/2011 4 4. The respondents have been served and they have entered appearance through counsel. I heard Sri.P.N.Mohanan, learned counsel for the petitioner, Sri.D.Somasundaram, learned Special Government Pleader for the first respondent and Sri.Harikumar, learned counsel appearing for the second respondent. I have also gone through the pleadings and the materials on record. The point raised by the petitioner that it is within the province of the Managing Committee to decide upon the date from which the relaxation should be granted has been accepted by this Court in a series of decisions evidenced by Exts.P3 to P9. Ext.P3 judgment was delivered at a time when prior approval of the Registrar of Co-operative Societies was required to promote an unqualified person to a higher post. With effect from 3.9.2005, rule 185(8) of the Kerala Cooperative Societies Rules was amended whereby the stipulation regarding prior approval of the Registrar of Co-operative Societies was dispensed with and the Registrar of Co-operative Societies was empowered to grant relaxation from the educational qualification of graduation in the event of the WPC No.30639/2011 5 Managing Committee adopting a resolution in that regard but subject to the conditions stipulated in the rule itself. The Registrar of Co-operative Societies has by the impugned order held that the petitioner satisfies the eligibility criteria prescribed in the rules for relaxation of the educational qualification. He has also granted the relaxation but he stipulated that the relaxation will take effect from the date of the order. In view of the binding decisions of this Court to which the Registrar of Co-operative Societies is a party, I am of the opinion that the petitioner is entitled to succeed. I accordingly dispose of the writ petition with a declaration that the relaxation granted to the petitioner from possessing the educational qualification of graduation by Ext.P4 order dated 14.10.2011 issued by the Registrar of Co-operative Societies shall take effect from 1.8.2008. Needless to say, the petitioner will be entitled to all consequential benefits. ## **P.N.RAVINDRAN, (JUDGE)** vps WPC No.30639/2011 6 WPC No.30639/2011 7