IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 14929 of 2011(M) -------------------------- PETITIONER: ------------------ M.P.MANI, BRANCH MANGER (IN CHARGE) TIRUR URBAN CO-OP.BANK, LTD NO.1818,TIRUR, MALAPPURAM DIST BY ADVS. SRI.P.N.MOHANAN SMT.I.VINAYAKUMARI RESPONDENT(S): ------------------------ 1. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT CO-OP. DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- PIN.695001 2. JOINT REGISTRAR OF CO-OP.SOCIETIES(G) MALAPPURAM-676605 3. THIRUR URBAN CO-OPERATIVE BANK LTD.NO-1818,REP.BY ITS SECRETARY, TIRUR- 676101,MALAPPURAM R1 BY GOVERNMENT PLEADER SRI.P.M.MANOJ R3 BY ADV. SRI.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14929 of 2011(M) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE RESOLUTION DATED 20.9.2010 EXT.P2. COPY OF THE LETTER DATED 1.11.2010 EXT.P3. COPY OF THE LETTER DATED 4.5.2011 EXT.P4. COPIES OF THE ORDERS ISSUED BY THE GOVERNMENT GRANTING EXEMPTION TO VARIOUS EMPLOYEES OF CO-OPERATIVE SECTOR. EXT.P5. COPY OF THE JUDGMENT REPORTED IN 2008 (1) KLT 478. EXT.P6. COPY OF THE JUDGMENT REPORTED IN 2008 (4) KLT S.N.45. EXT.P7 CPY OF THE CIRCULAR 54/82. RESPONDNT'S EXHIBITS : NIL. ----------------------------------- / TRUE COPY / P.A. TO JUDGE VK P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.14929 of 2011 ------------------------------- Dated this the 4th day of August, 2011 J U D G M E N T The petitioner is an employee of the third respondent co- operative society. He entered service as Junior Clerk on 28.1.1986. He was promoted as Senior Clerk with effect from 23.12.1996 and as Accountant with effect from 1.12.2006. The petitioner is not a graduate. All of his seniors were promoted to the category of Branch Manager after they were exempted from possessing the degree qualification of graduation. With a view to promote the petitioner to the category of Branch Manager, the managing committee of the third respondent society that met on 20.9.2010 resolved to request the State Government to exempt the petitioner from possessing graduation as a qualification for the purpose of promoting him to the category of Branch Manager. The said application accompanied by a copy of the resolution which is produced as Ext.P1 was forwarded to the Government through the Assistant Registrar of Co-operative Societies. The Assistant Registrar of Co-operative Societies forwarded the same to the Joint Registrar of Co-operative Societies along with Ext.P2 letter dated 1.11.2010. The Joint Registrar of Co-operative Societies in turn forwarded the same to the Government. By Ext.P3 W.P.(C) No.14929 of 2011 2 letter dated 4.5.2011, the Government rejected the application. Ext.P3 is under challenge in this writ petition. 2. The main ground of challenge to Ext.P3 is that the order passed by the Government rejecting the request made by the third respondent society is cryptic order, that it does not set out any reasons as to why exemption sought for cannot be granted and therefore on that short ground itself, the order is liable to be set aside. The petitioner relies on a decision of this Court reported in Sathyan v. Government of Kerala (2008 (4) KLT SN 45 (C.No.40) wherein a similar non-speaking order was set aside, in support of his contention. 3. I heard Sri.P.N.Mohanan, learned counsel appearing for the petitioner, Sri.P.M.Manoj, learned Government Pleader appearing for respondents 1 and 2 and Sri.M.Sasindran, learned counsel appearing for the third respondent. As stated by the petitioner, the Government have not set out any reason as to why the request made by the third respondent society to exempt the petitioner from possessing the basic qualification of graduation cannot be granted. Ext.P4 series of orders produced by the petitioner shows that based on the request of various co-operative institutions, the Government have exercised the power of exemption and exempted W.P.(C) No.14929 of 2011 3 various co-operative societies from the provisions of rule 185(8) of the Kerala Co-operative Societies Rules for the purpose of promoting the employees to the category of Secretary/Branch Manager. Further, the learned single Judge has in Sathyan v. Government of Kerala (supra) held that though the authority empowered to grant exemption is entitled to decide whether the exemption sought should be granted or not, the decision either granting or refusing the exemption has to give reasons for the grant or for the denial. Applying the said decision laid down in the instant case, it can safely be held that the order passed by the Government cannot be sustained. That apart, the petitioner has also contended that his seniors have been given exemption and hence in the matter of granting exemption to the employees of the same bank, the Government cannot show a discriminatory attitute. Reliance was also placed the decision of this Court reported in Praveenchandran v. State of Kerala (2008 (1) KLT 478) in support of the said contention. I accordingly allow the writ petition, quash Ext.P3 and direct the Government to reconsider the request made by the third respondent society for exemption from sub-clause (ii) of sub-rule (8) of rule 185 of the Kerala Co-operative Societies Rules for the purpose of enabling the third respondent bank to promote the petitioner to the W.P.(C) No.14929 of 2011 4 category of Branch Manager. Fresh orders in the matter shall be passed expeditiously and in any event within four months from the date of receipt of a certified copy of this judgment. It will be open to the petitioner to substantiate his contentions by filing a reprersentation before the Government. The Government, while taking a decision in the matter, shall have due regard to the said contentions. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. JUDGMENT Dated:- August, 2011 --------------------------------------