IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 16422 of 2009(W) -------------------------- PETITIONER(S): --------------- P.KUNHAHAMED, ASSISTANT SECRETARY, PERUMANNA-KLARI SERVICE CO-OPERATIVE BANK, KUTTIPALA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) MALAPPURAM. 4. THE PERUMANNA KLARI SERVICE CO-OPERATIVE BANK, KUTTIPALA P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. ADV. SRI.M.B.PRAJITH FOR R4 MR.K.S.MOHAMMED HASHIM, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16422/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE LETTER DATED 10/01/2008 REQUESTING FOR EXEMPTION. P1(a) : COPY OF THE RESOLUTION DATED 29/12/2007. P1(b) : COPY OF THE FORM A PROFORMA SUBMITTED ALONG WITH EXT.P1(a). P2 : COPY OF THE COMMUNICATION DATED 24/10/2008 ISSUED BY R3 TO R4 SOCIETY. P3 : COPY OF COVERING LETTER DATED 12/11/2008. P3(a) : COPY OF RESOLUTION DATED 10/11/2008. P4 : COPY OF COMMUNICATION DATED 25/03/2009 ISSUED BY THE REGISTRAR TO THE JOINT REGISTRAR. P5 : COPY OF COMMUNICATION DATED 27/05/2009 ISSUED BY THE JOINT REGISTRAR. P6 : COPY OF ORDER DATED 15/01/2005 OF THE REGISTRAR, ALONG WITH FORM A PROFORMA AND THE ANNEXURE. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.16422 of 2009 --------------------------------- Dated, this the 27th day of July, 2009 J U D G M E N T On 01/03/1979, the 4th respondent appointed the petitioner as an Appraiser cum Cashier. Subsequently, he was promoted as a Junior Clerk on 01/07/1979, Senior Clerk on 01/01/1982, and as Chief Accountant on 01/01/1985. It is stated that he got a category change as Assistant Secretary, and is continuing in that post. Subsequently, there arose a vacancy in the post of Secretary with effect from 01/01/2008, and the petitioner says that he is holding charge of the said post. 2. In order to promote the petitioner to the vacancy of Secretary, by Ext.P1, the Bank applied for the approval of the 2nd respondent to exempt the petitioner from educational qualification of degree. On receipt of the application, the 3rd respondent issued Ext.P2, seeking certain clarifications from the Bank, which were given by Ext.P3. However, by Ext.P4, the request for exemption was declined by the 3rd respondent stating that the benefit of Rule 201 WP(C) No.16422/2009 -2- is available only to employees who have entered service prior to 01/01/1974. It is in these circumstances, the writ petition is filed, challenging Ext.P4, and for a direction to the 2nd respondent to consider Ext.P1 request for exemption and grant the same. 3. A reading of Ext.P4 shows that the only reason stated for declining the request in Ext.P1 was that the petitioner entered service of the Bank only on 01/03/1979, and that the benefit of Rule 201 is available only to those who have entered service prior to 01/01/1974. Rule 201 reads as under:- “Rule 201 : Special provisions in respect of certain promotions:- All promotions of employees, who were in service of any Co- operative Society before the commencement of the Kerala Co- operative Societies (Amendment) Rules, 1988 issued under G.O. (MS) No.18/88 Co-op. dated the 17th day of June, 1988, made to any higher post or posts after the 1st day of January, 1974 and before the publication of the said rules in the Gazette shall be deemed to have been made in accordance with the provisions of Rules 185 and 200 as amended by the said Rules.” From a plain reading of this Rule, it is evident that by virtue of this Rule, all promotions of employees, who were in service before 17/06/1988, made to any higher post, or posts after the 1st day of January, 1974, and before the publication of the amendment Rules, WP(C) No.16422/2009 -3- referred to above, shall be deemed to have been made in accordance with the provisions of Rules 185 & 200 as amended by the said Rules. Thus, by virtue of this Rule, all promotions effected during the period from 01/01/1974 to 17/06/1988 are same by this Rule. There is nothing in this Rule to indicate that the operation of this Rule is confined to those employees, who entered service prior to 01/01/1974, as mentioned in Ext.P4. This position is also clarified by this Court in Thankamani Amma v. Kerala State Co- operative Pension Board (2000(3) KLT Short Note 64, Case No.69). 4. In view of the above, necessarily, Ext.P4 needs to be quashed and I do so. Accordingly, this writ petition will stand disposed of directing the 2nd respondent to consider Ext.P1, in the light of this judgment, and pass orders thereon. This shall be done as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg