IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N. RAVINDRAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 11238 of 2010(D) ------------------------------------- PETITIONER(S): ------------------------ 1. K.A. ABDUL RASHEED, S/O. ABDU, AGED 52 YEARS, BRANCH MANAGER, IRINJALAKUDA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, CHALAKUDY BRANCH, CHALAKUDY. 2. SUKUMARI.K, W/O. RAGHUNANDANAN, 53 YEARS, BRANCH MANAGER, IRINJALAKUDA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, IRINJALAKUDA BRANCH. 3. RAVIKUMAR, AGED 41 YEARS, S/O. BHASKARA MENON, NOW WORKING AS RECOVERY OFFICER, HEAD QUARTERS, IRINJALAKUDA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, IRINJALAKUDA BY ADV. SRI.V.M. KRISHNAKUMAR RESPONDENT(S): -------------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, IRINJALAKUDA. 4. IRINJALAKUDA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., H.O. IRINJALAKUDA, REP. BY ITS SECRETARY, MAIN ROAD, IRINJALAKUDA. R1 & R2 BY SENIOR GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN R4 BY ADV. SRI. V.G. ARUN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.11238/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT BANK DATED 8.11.03. EXT.P2 : COPY OF THE PROCEEDINGS DATED 12.5.2006 OF THE RESPONDENT BANK. EXT.P3 : COPY OF THE RESOLUTION DATED 07.03.2009 OF THE 4TH RESPONDENT BANK. EXT.P4 : COPY OF THE LETTER DATED 19.08.2009 OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES. EXT.P5 : COPY OF THE LETTER OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 21.1.2010. EXT.P6 : COPY OF THE APPLICATION FILED BY THE 4TH RESPONDENT BANK DATED 25.03.2009. EXT.P7 : COPY OF THE SAID REPRESENTATION DATED 16.5.2006 OF THE BANK. EXT.P8 : COPY OF THE LETTER DATED 16.9.2008 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES. EXT.P9 : COPY OF THE LETTER OF THE 4TH RESPONDENT BANK DATED 14.01.2010. EXT.P10 : COPY OF THE LETTER DATED 16.09.2008 OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES. EXT.P11 : COPY OF THE APPLICATION FILED BY THE BANK BEFORE THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES. EXT.P12 : COPY OF THE LETTER DATED 15.03.2010 ISSUED TO THE 1ST PETITIONER. EXT.P12(A): COPY OF THE LETTER DATED 15.03.2010 ISSUED TO THE 2ND PETITIONER. EXT.P12(B): COPY OF THE LETTER DATED 15.03.2010 ISSUED TO THE 3RD PETITIONER. EXT.P13 : COPY OF THE REPRESENTATION FILED BY THE 3RD PETITIONER DATED 25.03.2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.11238 of 2010 ----------------------------------------- Dated this the 25th day of November, 2011 JUDGMENT The petitioners are employees of the 4th respondent co- operative society. The first petitioner entered service on 29.11.1979 and petitioners 2 and 3 entered service on 1.3.1980. All of them are under graduates. As per rule 186 of the Kerala Co-operative Societies Rules only graduates can be appointed as Branch Managers in the 4th respondent society. One post of Branch Manager fell vacant in the 4th respondent society on 1.11.2003 consequent on the retirement of the incumbent. The Managing Committee of the 4th respondent society that met on 8.11.2011 resolved to fill up that vacancy by promoting the first petitioner. The President of the 4th respondent society thereupon issued Ext.P1 proceedings dated 8.11.2003 promoting the first petitioner, who was then working as Senior Supervisor in the Kodungallur branch, as Branch Manager and posted him in the Mala Branch of the 4th respondent society with effect from 8.11.2003. It was stated that the promotion is subject to W.P(C).No.11238 of 2010 -:2:- approval of the Registrar of Co-operative Societies regarding qualification. The Board of Directors of the 4th respondent society that met on 12.4.2006 resolved to fill up yet another vacancy of Branch Manager by promoting the second respondent. Thereupon the President of the 4th respondent society issued Ext.P2 proceedings dated 12.5.2006 promoting her as Branch Manager. As in Ext.P1 it was stated that the promotion is subject to approval of the Registrar of Co-operative Societies regarding qualifications. At that point of time the second petitioner was working as Senior Supervisor in Chalakudy branch and upon promotion she was posted in the Kodungallur branch of the 4th respondent society. The third petitioner was likewise promoted as Branch Manager with effect from 1.3.2009 pursuant to the resolution adopted by the Board of Directors of the 4th respondent society on 7.3.2009. Before the petitioners, who are under graduates, were promoted as Branch Managers the society had not moved the Registrar of Co-operative Societies after passing a resolution to relax the qualification of graduation. Such a resolution was passed only on 9.5.2006 in the case of the first petitioner, on 21.12.2009 in the case of the second petitioner and on 7.3.2009 in the case of the third petitioner. Exts.P6, P9 and W.P(C).No.11238 of 2010 -:3:- P11 representations were thereafter submitted to the Registrar of Co-operative Societies seeking relaxation of the qualification of graduation as provided for in rule 185(8) of the Kerala Co- operative Societies Rules. It is stated that though the said representations are pending, steps were taken in the meanwhile to revert them from the post of Branch Manager. This writ petition is filed mainly seeking a direction to the Registrar of Co- operative Societies to pass expeditious orders on Exts.P6, P9 and P11 representation and to stay the steps taken by the 4th respondent society as per Exts.P12, P12(a) and P12(b) proceedings to revert the petitioners from the post of Branch Manager and to recover the salary and allowances paid to them. 2. When the writ petition came up for hearing today Smt.Anitha Ravindran, learned Government Pleader appearing for respondents 1 and 2 and Sri.V.G.Arun, learned standing counsel appearing for the 4th respondent, submitted that the Registrar of Co-operative Societies is yet to pass orders on the applications for relaxation and therefore, the writ petition may be disposed of with a direction to the Registrar of Co-operative Societies to pass final orders on Exts.P6, P9 and P11 representations seeking relaxation from the educational qualification of graduation. W.P(C).No.11238 of 2010 -:4:- In the light of the said submission and having regard to the fact that nearly two years have passed after the last of the representations seeking relaxation was filed, I dispose of the writ petition with a direction to the Registrar of Co-operative Societies to consider the request made by the 4th respondent society in Exts.P6, P9 and P11 representations expeditiously and in any event within two months from the date on which the petitioners produce a certified copy of the judgment before him. Until such time the 4th respondent society shall keep in abeyance the steps taken by it to recover the salary and allowances paid to the petitioners in the category of Branch Managers. Needless to say the Registrar of Co-operative Societies shall afford the petitioners and the representative of the 4th respondent society an opportunity of being heard. The Registrar of Co-operative Societies shall, after orders are passed, communicate copies thereof to all the parties. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.11238 of 2010 ---------------------------- JUDGMENT 25th November, 2011