IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 28464 of 2008(L) -------------------------- PETITIONER(S): --------------- 1. GOPINATHAN, SENIOR SUPERVISOR, TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL AND DEVELOPMENT BANK LTD., NO. M 11, P.B. NO. 55, TIRUR, MALAPPURAM. 2. ABDUL RAZACK, SENIOR SUPERVISOR, TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL AND DEVELOPMENT BANK LTD., NO. M 11, P.B. NO. 55, TIRUR, MALAPPURAM. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- 1. TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL AND DEVELOPMENT BANK LTD. NO. M 11, P.B NO. 55, TIRUR, MALAPPURAM, REP. BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), MALAPPURAM, MANJERI, MALAPPURAM. R1 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.28464 OF 2008 ------------------------------------------- Dated this the 17th day of October, 2008 JUDGMENT Heard learned counsel for the petitioners, learned counsel for the first respondent as also learned Government Pleader for the second respondent. 2. The impugned Ext.P5 order, rejecting the request for exemption in terms of Rule 185 (8) of the Kerala Co-operative Societies Rules, 1969, is issued on the short ground that promotions were effected before getting exemption. That by itself may not be a ground for refusing exemption, if the conditions enumerated in Rule 185 (8) are satisfied. The question of exemption has to be independently considered, even if the petitioners were illegally or erroneously promoted to the posts or whether such promotions could be treated as made bonafide, anticipating exemption orders under Rule 185 (8). Such questions would arise for decision only to determine the date of promotion on the basis of the exemption orders, if WPC.28464/08 Page numbers granted by the officer exercising the powers of the Registrar, on being satisfied that the requirements for grant of exemption are satisfied in terms of Rule 185 (8). So much so, the impugned orders have been passed on an unsustainable reason and not referable to the sub rule in question. For the aforesaid reason, the impugned Ext.P5 is quashed and the second respondent is directed to consider the matter de novo, taking into consideration any binding circulars in that regard. The writ petition is allowed accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.