IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 20606 of 2011(A) -------------------------- PETITIONER: --------------- RAVEENDRAN PILLAI C, SENIOR CLERK, AMBALATHUMBHAGAM SERVICE CO-OPERATIVE BANK LTD AMBALATHUMBHAGAM P.O, PORUVAZHY VIA, KOLLAM DISTRICT. BY ADV. SRI.N.NAGARESH SRI.SHAJI THOMAS SRI.BINU PAUL SRI.T.V.VINU RESPONDENTS: --------------- 1. AMBALATHUMBHAGAM SERVICE CO-OPERATIVE BANK LTD NO. 2836,REPRESENTED BY ITS SECRETARY AMBALATHUMBHAGAM P.O, PORUVAZHY VIA, KOLLAM DISTRICT 690 520. 2. MANAGING COMMITTEE, AMBALATHUMBHAGAM SERVICE CO-OPERATIVE BANK LTD, REPRESENTED BY ITS PRESIDENT AMBALATHUMBHAGAM P.O, PORUVAZHY VIA, KOLLAM DISTRICT 690 520. 3. ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, SASTHAMKOTTA 690 521. BY SR. GOVT. PLEADER SRI.S.ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011 ALONG WITH W.P.(C) No. 20656 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 20606/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE EXTRACT OF THE FEEDER CATEGORY SUB RULES AMENDED AS PER RESOLUTION NO.275 DATED 3.3.2005 OF THE 1ST RESPONDENT BANK EXT.P2 : COPY OF THE PROMOTION ORDER NO.777/10-11 DATED 5.1.2011 ISSUED TO THE PETITIONER EXT.P3 : COPY OF THE LETTER NO.172/2011 DATED 25.3.2011 OF THE 3RD RESPONDENT EXT.P4 : COPY OF THE ORDER NO.11/11-12 DATED 18.4.2011 TO THE PETITIONER EXT.P5 : COPY OF THE REPRESENTATION DATED 16.7.2011 SUBMITTED TO THE 3RD RESPONDENT RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) Nos. 20606 & 20656 OF 2011 -------------------------- Dated this the 28th day of July, 2011 J U D G M E N T The petitioner in W.P.(C) No. 20606 of 2011 entered service as Attender in the first respondent co-operative society on 23.12.1983. He was promoted as Junior Clerk in the year 2005 and as Senior Clerk with effect from 2.5.2007. Later, by Ext.P2 proceedings dated 5.1.2011, the petitioner was promoted as Internal Auditor with effect from 1.1.2011 pursuant to the decision taken by the Managing Committee on 3.12.2010. While matters stood thus, the Assistant Registrar of Co-operative Societies (General) Sasthamkotta informed the first respondent society by Ext.P3 letter dated 25.3.2011 that the promotion given to Sri.N.Ravindran Pillai, from the category of Senior Clerk to the category of Assistant Secretary is illegal and that he should have been promoted to the cadre of Branch Manager/Internal Auditor. Consequently, the promotion given to the petitioner was cancelled and he was reverted to the cadre of Senior Clerk. The said decision was communicated to him by Ext.P4 letter dated 18.4.2011. It appears, later Sri.N.Ravindran Pillai was reverted and he retired from service on attaining the age of superannuation on 30.6.2011. Contending that as the circumstances which warranted the petitioner’s reversion are not now in existence and therefore he is entitled to be promoted to the category of Internal Auditor, the petitioner has filed Ext.P5 WPC Nos.20606 & 20656/2011 2 representation before the Joint Registrar of Co-operative Societies. In this writ petition, the petitioner seeks a direction to the first respondent to promote him to the category of Internal Auditor with effect from 1.7.2011. In the alternative, he seeks a direction to the Assistant Registrar of Co- operative Societies to consider Ext.P5 representation and pass appropriate orders thereon expeditiously. 2. The petitioner in W.P.(C) No. 20656 of 2011 entered service as Salesman in the first respondent co-operative society on 27.9.1997. He was promoted to the category of Junior Clerk with effect from 1.1.2011 as per Ext.P2 order dated 5.1.2011 pursuant to the decision taken by the Board of Directors on 3.12.2010. He was promoted as Junior Clerk in the vacancy which arose when the petitioner in W.P.(C) No. 20606 of 2011 was promoted to the category of Internal Auditor. The promotion given to the petitioner in W.P.(C) No. 20606 of 2011 was cancelled and he was revered to the category of Senior Clerk by order dated 18.4.2011, a copy whereof is produced as Ext.P4 in W.P.(C) No. 20606 of 2011. As a consequence, the petitioner herein was reverted to the category of Salesman. Raising the same contention set out by the petitioner in W.P. (C) No. 20606 of 2011, the petitioner has filed Ext.P5 representation before the third respondent for an order directing the Managing Committee to promote him to the category of Junior Clerk. In this writ petition, the WPC Nos.20606 & 20656/2011 3 petitioner seeks a direction to the first respondent to promote him as Junior Clerk with effect from 1.7.2010. In the alternative, he seeks a direction to the Assistant Registrar of Co-operative Societies to consider Ext.P5 representation and pass appropriate orders thereon expeditiously. 3. The petitioners have in the representations submitted by them stated that after the retirement of Sri.N.Ravindran Pillai on 30.6.2011, two of the persons who were promoted along with them and were later reverted following the reversion of Sri.N.Ravindran Pillai, have been again promoted and that in the changed circumstances, the denial of promotion to them is arbitrary. In other words, the dispute raised by the petitioners relates to their promotion to the higher categories of posts. In view of the provisions contained in section 69 of the Kerala Co-operative Societies Act as amended by Act 1 of 2003, the Registrar of Co-operative Societies or the delegate of the Registrar of Co-operative Societies cannot interfere in such disputes. Therefore the Assistant Registrar of Co-operative Societies cannot entertain the request made by the petitioners in their representations and direct the Managing Committee of the first respondent society to promote them. If as contended by the petitioners, the Managing Committee of the first respondent bank is not taking steps to promote them and they are aggrieved, their remedy is, in my opinion, to move the Co- operative Arbitration Court seeking redressal of their grievances. The WPC Nos.20606 & 20656/2011 4 petitioners have not so far moved the Co-operative Arbitration Court. Further, the petitioners' claim for promotion with effect from 1.7.2011 occurred as a result of certain retirements which took place only on 30.6.2011. It cannot therefore said that the Managing Committee has wilfully delayed consideration of their claims. I therefore decline jurisdiction and dismiss the writ petitions leaving open the petitioners' contentions and reserving liberty with them to move the Co-operative Arbitration Court seeking redressal of their grievances. P.N.RAVINDRAN, (JUDGE) vps