IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 1424 of 2010(C) ------------------------- PETITIONER: --------------- J.SIVAN PILLAI, CHIEF ACCOUNTANT (IN CHARGE) KULASEKHARAPURAM SERVICE CO-OP.LTD.NO.995, P.O.KATTILKADAVU-690542, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.P.N.MOHANAN RESPONDENTS: --------------- 1. REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOLLAM. 3. KULASEKHARAPURAM SERVICE CO-OPERATIVE LTD.NO.995, REPRESENTED BY PRESIDENT, P.O.KATTILKADAVU-690542, KARUNAGAPPALLY, KOLLAM. ADV. SRI.V.SUMESH FOR R3 R1 &2 BY GOVT. PLEADER SHRI. MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: A TRUE COPY OF THE COMMUNICATION DT. 9.4.2002 OF THE JOINT REGISTRAR EXT.P2: -DO- OF THE ORDER DT. 22.08.09 EXT.P3: -DO- OF THE RESOLUTION DT. 14.9.09 OF THE 3RD RESPONDENT EXT.P4: -DO- OF THE COMMUNICATION DT. 14.10.2009 OF THE JOINT REGISTRAR EXT.P5: -DO- OF THE ORDER DT. 24.12.09 OF THE REGISTRAR EXT.P6: -DO- OF THE JUDGMENT DT. IN W.P(C)29679/04 DT. 23.11.05 jj /TRUE COPY/ P.STO JUDGE K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 1424 OF 2010 C ----------------------------------------------------------- Dated this the 9th February, 2010. JUDGMENT The petitioner was promoted as an Internal Auditor with effect from 20.4.2004. At that time, the managing committee was under the impression that the petitioner did not require any exemption from the academic qualification of graduation. While so, the post of Chief Accountant became vacant and with effect from 22.1.2009 the petitioner was promoted as the Chief Accountant. Thereupon, the discrepancy was noticed and by Ext.P2 the Registrar of Co- operative Societies directed the bank to get exemption for the petitioner from the academic qualification of graduation. Accordingly, as per Ext.P3 resolution the managing committee requested the Registrar to grant exemption from the academic qualification of graduation with retrospective effect from 20.4.2004. As per Ext.P4 the same was recommended by the Joint Registrar also. However, as per Ext.P5 though the Registrar of Co- operative Societies has granted exemption from graduation to the petitioner, the same has been made with effect only from the date of Ext.P5 and not from 20.4.2004 as requested for by the Managing Committee. According to the petitioner, the above is in violation to WPC 1424/2010 2 the settled position of law and the dictum laid down by the decisions of this Court. If the petitioner is not given exemption from the qualification of graduation with effect from 20.4.2004, the promotions granted to others who are junior to the petitioner would also become irregular. Therefore, the petitioner seeks appropriate directions in this regard. 2. Counsel for the petitioner places reliance on the judgment of this Court in W.P(C) 29679/2004 wherein it has been held that in similar circumstances the petitioner in the said writ petition was entitled to exemption from the date requested for by the managing committee. I do not find any reason to take a different view in the matter. 3. In the above circumstances this writ petition is allowed. It is declared that the exemption granted to the petitioner as per Ext.P5 shall take effect from 20.4.2004 as requested for in Ext.P3 resolution of the managing committee. K. SURENDRA MOHAN Judge jj WPC 1424/2010 3 WPC 1424/2010 4 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: