IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WA.No. 1942 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.35390/2009 Dated 11/07/2011 .................... APPELLANT : -------------- THE NATIONAL SAVINGS AGENTS' ASSOCIATION, CALICUT REP. BY ITS PRESENT GENERAL SECRETARY, V.P. MURALIDHARAN, S/O V. GOPALAN, AGED. 49 YEARS, VENGALAPURATH HOUSE, VALAYANAD AMSOM DESOM, P.O. GURUVAYURAPPAN COLLEGE, KOZHIKKODE 673 014 BY ADV. MR. R.SUDHISH MR. P.P.BALAN MS. M.MANJU MR. K.R.RANJITH RESPONDENTS : --------------- 1. THE SENIOR POST MASTER, CALICUT HEAD POST OFFICE, KOZHIKKODE 673 001 2. SENIOR SUPERINTENDENT OF POST OFFICES, OFFICE OF THE SENIOR SUPERINTENDENT OF POST OFFICES, KALLAI, KOZHIKOD, PIN 673 002 3. THE POST MASTER GENERAL (NORTH ZONE) NADAKKAVU, CALICUT, PIN 673 007 4. THE ASSISTANT SUPERINTENDENT OF POSTS (SB & CC) DAK BHAVAN, SANSAD MARG, NEW DELHI, PIN 110001 BY ADV. P. KRISHNAMOORTHY, CENTRAL GOVERNMENT COUNSEL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag. C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ C.M. Appl. No. 1090 of 2011 and W.A. No. 1942 Of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 21st day of December, 2011 JUDGMENT Manjula Chellur, Ag.C.J. C.M. Appln. No. 1090 of 2011 : This is an application to condone the delay of 120 days in filing the writ appeal. Mr. P. Krishnamoorthy, the learned standing counsel takes notice for the respondents. Delay is condoned. Writ Appeal : Heard the learned counsel for the appellant. 2. We have gone through the judgment of the learned Single Judge as well as the contents of Exts. P3 and P4, which was the subject matter of challenge before the learned Single Judge. It is not in dispute, that the appellants herein are the members of an association consisting of the agents for Standardized Agency System (SAS) and Mahila Pradhan Kshetriya Bachat Yojana (MPKBY) Scheme. Ext. P3 is the circular issued by the Government of India, restraining the members of the appellants association from acting as either witness or messenger for withdrawal of W.A No. 1942 of 2011 :2: money from Savings Scheme in the post office concerned. Ext. P4 is another circular introducing computerization in the accounting of the post office savings scheme in the respective post offices. 3. The grievance of the appellants seems to be that, if computerization is introduced as compulsory in the accounting of the post office savings scheme, as the members of the appellants association are not well versed in computer education, it would be difficult for them to accustom to such computerization, as many of the the members of the association are senior members and at their age, they cannot be expected to learn the nuances of computerization. 4. Counter affidavit filed on behalf of the respondents, as narrated by the learned Single Judge, clearly indicates, why Exts. P3 and P4 came to be introduced. To understand the background under which Exts. P3 and P4 came into effect, it would be relevant to reproduce the relevant portion. “It is true that messenger facility is available for withdrawal of money from Recurring Deposit and other accounts. But this facility is not extended to SAS/MPKBY agents, as their function is confined to canvassing for and receiving investments and depositing those amounts in Post Offices to which they are attached. Restrictions are imposed on the agents with regard to withdrawing money from accounts, only as a preventive measure and to protect the interests of the depositors. In the recent past W.A No. 1942 of 2011 :3: there had been so many cases of large scale frauds committed by SAS/MPKBY agents in the country by withdrawing money from accounts operated through them, without the knowledge of the depositors and forging the latter's signatures. The instructions in Ext.P3 order were issued in these circumstances and the respondents 1 to 3 are fully empowered to issue such instructions, so long as these transactions are made through Post Offices. Instructions already exist, forbidding the SAS/MPKBY agents from acting as messengers for withdrawing money from accounts operated through them, and the position has only been reiterated now. The decision to switch on to the computer mode was not the individual decision of the respondents. It was the policy decision of the Government of India to go ahead with computerization of Post Offices, and to make them fully online. This is not for the benefit of the respondents only, but keeping in view the larger interests of the depositors/customers also. The petitioners are also supposed to be part and parcel of the process. The respondents have not taken any unilateral or hasty decision in this regard. The respondents had developed a software for the use of MPKBY agents and had given the same to the petitioners, free of cost, on 4.4.2007. Necessary training was also imparted to them. Accordingly many agents of Calicut Head Post Office and other offices in Calicut Division have shifted to the computer mode. For the remaining agents, 31.1.2009 was fixed as the cut off date to switch on to the computer mode. Some of the agents requested some more time in this regard and the cut off date was postponed to 30.9.2009 and again to 31.12.2009.” From the above paragraphs of the counter affidavit, it indicates, that a W.A No. 1942 of 2011 :4: software for the use of MPKBY agents came to be developed and the same was distributed at free of cost as early as in the year 2007. Training also came to be imparted to the agents. Many agents in the country had already learnt the process of accounting by use of computers and having regard to the difficulty in learning the operation of the computers, time also came to be extended from time to time and the last cut off date was 31.12.2009. When the agents in other parts of the country could learnt the accounting process of this savings scheme by using computer, we are at loss to understand, in a State, where high percentage of literacy is there, why the agents are resisting to learn the accounting process by using computer. As a matter of fact, according to the learned counsel for the appellants, most of the members of the appellants association are house wives. It is also pertinent to mention that, the highest female literacy prevails in the State of Kerala, on comparison with the other States of this country. 5. In that view of the matter, we are of the opinion, the members of the appellants association cannot grieve about the difficulties in learning the art of using the computers. As we could understand from the counter affidavit of the respondents, the high knowledge of computers is not at all necessary, in the process of accounting, it is nothing, but a calculation W.A No. 1942 of 2011 :5: work is expected from the members of the appellant's association, by using the computer. The members of the association need not individually appoint a computer operator to do their work and nothing prevents them from engaging services of outsourcing to do the work. The appellants association, who is fighting the cause of the members of the association, must provide such outsourcing as well to such other members, if they want to compete on par with the agents in other States of the country. 6. Though, we find, nothing remain for our consideration in this appeal, however, we direct the respondent authorities to consider the representation of the appellants association to extend time to learn the operation of the computer for the purpose of accounting so far as the schemes in question. The Writ Appeal is disposed of. Sd/- MANJULA CHELLUR, Ag. CHIEF JUSTICE Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge