IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 8181 of 2010(W) ---------------------------------------- PETITIONER(S): ------------------------- K.M.RAVI, THALIYACHA, NANMANDA P.O., KOZHIKODE-673 613. BY ADVS. SRI.ANIL SIVARAMAN, SMT.APARNA RAJAN. RESPONDENT(S): ---------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE. 2. NANMANDA RURAL CO-OPERATIVE HOUSING SOCIETY LTD.NAD-1988, NANMADA P.O.,KOZHIKODE, 3. KERALA STATE CO-OPERATIVE EXAMINATION BOARD,REP.BY ITS SECRETARY, THIRUVANANTHAPURAM. R1 BYSR. GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR R2 BY ADVS. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. R3 BY ADV.SRI. P.U.SHAILAJAN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ----------------------------------- W.P.(C) No.8181 OF 2010 ---------------------------------- Dated this the 26th day of May, 2010 J U D G M E N T ~~~~~~~~~~~ The petitioner has filed this Writ Petition challenging Ext.P3 order issued by the Joint Registrar permitting the 2nd respondent to appoint a Secretary for the Bank. According to the petitioner, as per Rule 185(1) of the Co-operative Societies Rules, appointments are to be made ordinarily on the basis of seniority in the feeder category. The 2nd proviso stipulates that if all the employees in the feeder category were to relinquish promotions, an employee in the immediate lower category shall be promoted to the post after promoting him to the feeder category by creating a supernumerary post. According to the petitioner, the post of Accountant is the feeder category for promotion as Secretary. The incumbent to the post of Accountant has relinquished the claim for promotion. Therefore, the petitioner and others, who are in the immediate lower category, are entitled to be promoted to the feeder category post and considered for promotion to the post of Secretary. However, according to the petitioner, the above claim of his has been negated. W.P.(C) No.8181/2010 2 2. Adv.V.G.Arun, who appears for the 2nd respondent, points out that the petitioner is a person who is no longer in the service of the Society having been dismissed from service on 13.12.2009. The counsel for the petitioner submits that the issue of the petitioner's dismissal from service is pending determination in arbitration proceedings instituted by him. 3. Since the petitioner has already been dismissed from service, he can make a claim for promotion only if he succeeds in getting his dismissal set aside. Until the petitioner is reinstated in service, he cannot have any claim for promotion. Therefore, the claim that is put forth in this Writ Petition is absolutely premature. In view of the above, this Writ Petition is dismissed without prejudice to the rights of the petitioner to agitate his claim at the appropriate time. (K.SURENDRA MOHAN, JUDGE) ps