IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 35436 of 2009(Y) -------------------------- PETITIONER(S): --------------- T.L.KAMEELA, SECRETARY IN CHARGE, AYYANTHOLE SERVICE CO-OPERATIVE BANK LTD.NO.494, AYYANTHOLE, THRISSUR. BY ADV. SRI.N.P.SAMUEL SRI.B.K.PURUSHOTHAMAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., CORPORATIVE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL LINES, AYYANTHOLE, THRISSUR. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) CIVIL LINES, AYYANTHOLE, THRISSUR. 4. AYYANTHOLE SERVICE CO-OPERATIVE BANK LTD.NO.494, AYYANTHOLE P.O., THRISSUR-3, REP.BY ITS PRESIDENT. GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 35436 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th December, 2009. J U D G M E N T The petitioner is the Secretary in charge of the 4th respondent- bank from 1-5-2009 onwards. She aspires to be promoted as the regular Secretary of the bank. The minimum qualification prescribed for the post of Secretary is graduation. The petitioner does not possess that qualification. She possesses the qualification of SSLC and JDC. As provided under Section 185(8) of the Kerala Co-operative Societies Act, the 4th respondent-bank filed a petition before the 2nd respondent seeking exemption to the petitioner from the qualification of degree. The 2nd respondent rejected the request by Ext. P3 order dated 3-8-2009. According to the petitioner, Ext. P3 order was received by the bank only on 14-8-2009 and the contents of the same were made known to the petitioner only on 21-11-2009. The 4th respondent-bank filed Ext. P4 appeal before the Government under Section 83(1)(j) of the Kerala Co-operative Societies Act on 5-10- 2009. Now the same has been rejected by Ext. P5 order holding that the appeal has been filed after the period of limitation prescribed under the Act. The petitioner's contention is that the finding that the appeal is barred by limitation is clearly wrong insofar as the order itself is dated 3-8-2009 and the appeal has been filed on 5-10-2009. According to the petitioner, the order could not have reached the bank before 5-8-2009 and therefore the appeal filed on 5-10-2009 is perfectly within time. 2. in view of the above contention, I directed the learned Government Pleader to obtain instructions as to whether Ext. P3 order has been served on the Bank at any time before 5-10-2009. Today, the learned Government Pleader admits that Ext. P3 order could not have been served before 5-10-2009 and therefore the appeal is within time. W.P.C. No. 35436/09 -: 2 :- Accordingly, Ext. P5 is quashed and the 1st respondent is directed to consider the appeal of the 4th respondent on merits and pass appropriate orders thereon in accordance with law as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.