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. 13852 of 2011(F) ---------------------------------- PETITIONER(S): ------------------- 1. C.V.LAILA, MANAGER, GRADE-1 (RETIRED) KERALA STATE CO-OPERATIVE CONSUMER'S FEDERATION LTD., KOCHI-682 020, RESIDING AT KOMATH HOUSE, EROOR P.O., TRIPUNITHURA, ERNAKULAM DISTRICT. 2. V.HARIDAS, MANAGER, GRADE-1, KERALA STATE CO-OPERATIVE CONSUMER'S FEDERATION LTD., KOCHI-682 020. BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMNET, CO-OPERATIVE DEPARTMENT, SECRETARIT, TRIVANDRUM-695 001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES TRIVANDRUM-695 001. 3. THE KERALA STATE CO-OPERATIVE CONSUMER'S FEDERATION LTD., KOCHI-682 020, REPRESETNED BY ITS MANAGING DIRECTOR. R1 & R2 BY GOVT. PLEADER SRI.P.M. MANOJ R3 BY ADV. SRI.M.SASINDRAN, SC, CONSUMERFED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, ALONG WITH WPC. NO.15473/2011 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 13852/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RESOLUTION NO.7(XI) DATED 11/02/2005. P2: COPY OF THE RESOLUTION NO.7(XIII) DATED 11/02/2005. P3: COPY OF THE ORDER NO.EM(4)46289/05(1)/KDIS OF THE SECOND RESPONDENT DATED 01/06/2006. P4: COPY OF THE ORDER NO.EM(4)6289/05(2)/KDIS OF THE SECOND RESPONDENT DATED 01/06/2006. P5: COPY OF THE ORDER DATED 09/08/2006 OF THE 2ND RESPONDENT. P6: COPY OF DATED 21/08/2006. P7: COPY OF THE ORDER DATED 03/12/2007 OF FIRST RESPONDENT. P8: COPY OF THE REPRESENTATION DATED 27/11/2009. P9: COPY OF THE ORDER DATD 12/03/2010 OF THE SECOND RESPONDENT. P10: COPY OF THE ORDER G.O.(Rt)NO.2011/CO-OP DATED 01/04/2011 OF THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.13852 of 2011 ------------------------------- Dated this the 19th day of August, 2011 J U D G M E N T In this writ petition, the petitioners challenge Exts.P3 and P4 orders issued by the Registrar of Co-operative Societies in exercise of the power conferred on him under rule 185(8) of the Kerala Co- operative Societies Rules, 1969 relaxing the educational qualification of graduation for the purpose of promoting the petitioners to the category of Branch Manager/Internal Auditor to the extent they limit the order of exemption from the date of the order. 2. The first petitioner entered service in the third respondent co-operative society as Junior Clerk on 25.9.1980. At that point of time, besides a pass in the Secondary School Leaving Certificate Examination, she also possessed a Junior Diploma in Co- operation. The second petitioner entered service in the third respondent co-operative society as Junior Clerk on 1.10.1981. He also possessed the same set of qualifications. Both of them were promoted to the category of Senior Clerk on 4.7.1985, as Accounts Assistant on 3.12.1999, as Manager Grade II on 11.2.2005 and as Manager Grade I on 9.2.2008. Before promoting the petitioners to the category of Manager Grade II, the managing committee of the third respondent W.P.(C) No.13852 of 2011 2 co-operative society resolved to request the Registrar of Co-operative Societies to relax the educational qualification, viz., a degree, for the purpose of promoting the petitioners to the category of Manager Grade II. The third respondent society thereafter moved the Registrar of Co-operative Societies seeking such relaxation. By Exts.P3 and P4 orders dated 1.6.2006, the Registrar of Co-operative Societies granted relaxation, but directed that the order of relaxation will take effect only from 1.6.2006. Hence, this writ petition wherein the petitioners seek a declaration that they are entitled to the benefit of relaxation with effect from the date of the resolution, viz., 11.2.2005. The main contention raised by the petitioners is that the order of relaxation should take effect from the date on which they were promoted as Manager Grade II and that the Registrar of Co-operative Societies erred in granting the exemption only with prospective effect. 3. The issue raised by the petitioners is covered in their favour by the unreported decision of this Court in W.P.(C) No.29679 of 2004, the reported decision of a learned single Judge of this Court in Dasan v. Registrar of Co-operative Societies (2007 (1) KLT 581), the unreported decision of a learned single Judge of this Court in W.P.(C) No.1424 of 2010 and the unreported decision of a Division W.P.(C) No.13852 of 2011 3 Bench of this Court in W.A.No.361 of 2011 and the judgment delivered by me today in W.P.(C) No.15473 of 2011. In such circumstances, I am of the opinion that the petitioners are entitled to succeed. I accordingly dispose of the writ petition with a declaration that exemption granted to the petitioners as per Exts.P3 and P4 orders shall take effect from 11.2.2005, the date on which they were promoted as Manager Grade II. 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.13852 OF 2011 JUDGMENT Dated:- 19th August, 2011 --------------------------------------