IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(C).No. 399 of 2010(Y) ----------------------------------- PETITIONER(S): ----------------------- 1. T.K.CHANDRAN, ACCOUNTANT, THE ERAMALA SERVICE CO-OPERATIVE BANK LTD NO.F.1044, H.O.ORKKATTERY, VATAKARA, KOZHIKODE DISTRICT. 2. T.K.VINODAN, ACCOUNTANT, THE ERAMALA SERVICE CO-OPERATIVE BANK LTD NO.F.1044, H.O.ORKKATTERY, VATAKARA, KOZHIKODE DISTRICT 3. O.K.NANDAKUMAR, ACCOUNTANT, THE ERAMALA SERVICE CO-OPERATIVE BANK LTD NO.F.1044, H.O.ORKKATTERY, VATAKARA, KOZHIKODE DISTRICT BY ADV. MR.P.N.MOHANAN RESPONDENT(S): --------------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE. 3. THE ERAMLA SERVICE CO-OPERATIVE BANK, LTD.NO.F.1044, REPRESENTED BY ITS PRESIDENT H.O.ORKKATTERY, VATAKARA, KOZHIKODE DISTRICT. R1 & R2 BY GOVT. PLEADER MR.K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.399 of 2010 ------------------------------------------- Dated this the 8th day of February, 2010 JUDGMENT The petitioners are working as Accountants in the service of the third respondent bank. Their next promotions are to the post of Branch Manager. The qualification for being appointed as a Branch Manager is Graduation. 2. The Registrar/Government has the power to grant relaxation of the said qualification, on the request of the Managing Committee. The Managing Committee of the third respondent has by Exts.P2 to P4 resolved and requested the Government to grant exemption to the petitioners not only from the academic qualification of graduation, but also the stipulations contained in Sub Rule 8(b) of Rule 185 of the Co-operative Societies Rules. According to the petitioners, by Ext.P5 series, orders have been issued by the Government granting exemption to various other employees. The petitioners submit that in spite of the above, their requests were rejected by Exts.P6 wpc No.399/2010 2 to P8. They have therefore approached this Court challenging the said proceedings. 3. The Government Pleader, on instructions, submits that the request of the Managing Committee of the third respondent has been forwarded to the second respondent. The second respondent has to forward the same to the first respondent with his recommendation. However, the request of the Managing Committee of the third respondent is still pending consideration of the second respondent. The learned Government Pleader assures that the second respondent shall forward the same with his recommendations, without further delay. It is further assured that the first respondent shall also consider the application for exemption immediately on receiving the same from the second respondent. According to the learned Government Pleader, the communications evidenced by Exts.P6, P7 and P8 are not of any consequence for the reason that they were passed on the applications directly submitted by the petitioners to the Government. Applications routed through proper channel would be considered on their merits and orders would be wpc No.399/2010 3 passed thereon in accordance with law. In view of the above submissions, this Writ Petition itself can be disposed of directing the second respondent to forward the applications of the Managing committee of the third respondent seeking relaxation of the academic qualification of graduation as well as other conditions for appointment of the petitioners to the post of Branch Manager, as expeditiously as possible and at any rate, within a period of one month from the date of receipt of a copy of this judgment. The first respondent shall consider and pass appropriate orders on the said application after consideration of the recommendations of the second respondent also, within a period of two months thereafter. K.SURENDRA MOHAN, JUDGE css/