IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 35432 of 2010(D) -------------------------- PETITIONER: --------------- ANSAMMA JACOB, SECRETARY, THE EAST ERNAD SERVICE COOPERATIVE BANK LTD.NO.D-1946, EDAKKARA.P.O., NILAMBUR, MALAPPURAM DISTRICT. PIN-679331. BY ADV. SRI.U.K.DEVIDAS RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM – 695 001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM – 695 001. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM, MALAPPURAM DISTRICT – 679 001. 4. THE EAST ERNAD SERVICE CO-OPERATIVE BANK LTD., NO.D-1946, EDAKKARA.P.O., NILAMBUR, PN-679331, MALAPPURAM DISTRICT REPRESENTED BY ITS PRESIDENT. BY GOVERNMENT PLEADER SHRI. P.M. MANOJ FOR R1-3 BY ADV. SRI.O.V.MANIPRASAD FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C) 35432/2010 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT DT. 18-6- 2004 EXT.P2: -DO- OF THE JUDGMENT DT. 23-11-2007 IN W.P(C) NO: 21856/2007 EXT.P3: -DO- OF THE RESOLUTION NO: 32 DT. 29-6-2004 PASSED BY THE BOARD OF DIRECTORS OF THE FOURTH RESPONDENT EXT.P4: -DO- OF THE APPLICATION DT. 29-6-2004 SUBMITTED BY THE FOURTH RESPONDENT BEFORE THE SECOND AND THIRD RESPONDENTS EXT.P5: -DO- OF THE RESOLUTION NO: 10 DT. 6-3-2008 PASSED BY THE BOARD OF DIRECTORS OF THE FOURTH RESPONDENT BANK EXT.P6: -DO- OF THE APPLICATION SUBMITTED BY THE FOURTH RESPONDENT BEFORE THE SECOND AND THIRD RESPONDENTS DT. 7-3-2008 EXT.P7: -DO- OF THE ORDER PASSED BY THE SECOND RESPNDENT DT. 22-7-2009. EXT.P8: -DO- OF THE ORDER DT. 11-8-2008 PASSED BY THE SECOND RESPONDENT EXT.P9: -DO- OF THE APPLICATION DT. 16-11-2009 SUBMITTED BY THE FOURTH RESPONDENT BANK BEFORE THE SECOND RESPONDENT EXT.P10: -DO- OF THE RESOLUTION NO: 17 DT. 28-10-2009 PASSED BY THE BOARD OF DIRECTORS OF THE FOURTH RESPONDENT EXT.P11: -DO- OF THE ORDER DT. 26-6-2010 PASSED BY THE SECOND RESPONDENT EXT.P12: -DO- OF THE JUDGMENT DT. 9-2-2010 IN WP(C) 1424/2010 jj /TRUE COPY/ P.S. TO JUDGE K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 35432 OF 2010 ----------------------------------------------------------- Dated this the 1st September, 2011. JUDGMENT The petitioner is a Secretary of the fourth respondent bank. She has completed her Pre Degree course and also possesses a JDC qualification. She had joined service on 21-12-1978. Subsequently, she was promoted as an Assistant Secretary with effect from 1-1-1999. She has been working continuously under the fourth respondent throughout. 2. As per resolution dated 29-6-2004, the Managing Committee of the fourth respondent bank requested the second respondent to grant exemption to the petitioner from the qualification of graduation, for promotion to the post of Secretary. The exemption was sought for, with effect from 1-1-2004. The said resolution, which is evidenced herein by Ext.P3 was forwarded to the second respondent as per Ext.P4 on 29-6-2004. However, since there was no action on Ext.P4, Exts.P5 and P6 reminders dated 7-3-2008 were sent. Subsequently, further reminders evidenced by Exts.P9 and P10 dated 16-11-2009 were also sent. However, the matter was kept pending without any justification and WPC 35432/2010 2 finally, as per Ext.P11, the petitioner has been granted exemption but, only with effect from the date of the said order i.e 26-6-2010. 3. According to the petitioner, the fourth respondent society had requested for the grant of exemption to her with effect from 1-1-2004. In fact, in the case of a similarly situated employee of the fourth respondent society, Ext.P8 order had been issued granting exemption from the date sought for by the Society itself. Therefore, it is contended that there is no justification for denying the said benefit to the petitioner also. Counsel for the petitioner also places reliance on Ext.P12 judgment of this Court, by which, it has been held that exemption was liable to be granted with effect from the date requested for by the Co-operative Society. The petitioner, therefore, seeks modification of Ext.P11 order and grant of exemption with effect from 1-1-2004 as requested by the Society. 4. The request of the petitioner is opposed by the learned Govt. Pleader. My attention is drawn to paragraph 6 of the counter affidavit wherein it has been stated that the recommendation of the fourth respondent bank is dated 16-11-2009 and the formal orders thereon were issued only on 26-6-2010. Therefore, it is contended that the resolution can take effect only from the date of the said order. On the above basis, it is contended that the WPC 35432/2010 3 petitioner is not entitled to any of the reliefs claimed. 5. Ext.P3 resolution of the Society is dated 29-6-2004. The same has also been forwarded to the second respondent, as per Ext.P4. Exts.P5, P6, P9 and P10 are reminders that were submitted by the fourth respondent, when there was no action on Exts.P3 and P4. In the counter affidavit, the contention is that Exts.P4 to P6 had been rejected as per Ext.P7 order. However, a reading of Ext.P7 shows that the said order does not relate to Ext.P4 or Ext.P3 which are dated 29-6-2004. That order relates to some other representation dated 18-5-2009. For the above reason, the contention of the second respondent that Exts.P4 to P6 had been rejected by Ext.P7 cannot be accepted. Though it is true that Ext.P11 does not relate to Ext.P3 or Ext.P4, the fact remains that Exts.P3 and P4 had been already forwarded to the second respondent as evidenced by subsequent reminders also. 6. The question as to whether it was proper for the Government to have granted exemption only from the date of the order was the subject matter of an earlier writ petition, WP(C) 1424/2010. The judgment in the said writ petition has been produced as Ext.P12. It has been held in Ext.P12 that the petitioner therein was entitled to exemption with effect from the WPC 35432/2010 4 date requested for by the Managing Committee. The said view was taken, following other judgments rendered by this Court earlier. I do not find any reason to take a different view. It therefore follows that the petitioner is entitled to exemption with effect from 1-1-2004 as requested for by the fourth respondent society. In the above circumstances this writ petition is allowed. It is declared that the exemption granted to the petitioner as per Ext.P11 shall take effect from 1-3-2004. Ordered accordingly. K. SURENDRA MOHAN Judge jj WPC 35432/2010 5