IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WA.No. 1853 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16869/2008 Dated 27/08/2008 .................... PETITIONER/APPELLANT: --------------------------------------- P.ANITHAKUMARI, ACCOUNTANT, CALICUT NORTH SERVICE CO-OPERATIVE BANK LTD., P.O. KARUVASSERY, KOZHIKODE, PIN: 673010 BY ADV. SRI.P.N.MOHANAN RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL) CALICUT. 3. CALICUT NORTH SERVICE CO-OPERATIVE BANK LTD.NO.LL 37, P.O. KARUVASSERY, KOZHIKODE, PIN - 673010. REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SMT. A.G. ANEETHA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ W.A.NO: 1853 of 2008 ----------------------------------------------------------- Dated this the 5th September, 2008. JUDGMENT Koshy, J. Petitioner wanted to be promoted as Branch Manager. For getting that promotion she must be a graduate and also must have completed 45 years of age. But petitioner was not a graduate. She also had only 41 years of age. By Ext.P1 an application was filed by the Society to give exemption from qualification and relaxation of age limit. By Ext.P3 judgment a Learned Judge of this Court held that Government cannot grant individual exemption and pick and choose employees between different employees of a co-operative society . In paragraph 5 it is held as follows:- “In terms of Rule 181, the Government have the power to grant exemption to any registered society or class of societies from any of the provisions of the Rules. That power is to grant exemption for the institution as such, i.e., the society or to a class of societies. That rule is not one, whereby the Government can meddle with individual cases of employees. Therefore, the Government cannot pick and choose between different employees of a co-operative society while making an order of exemption under Rule 181.” 2. In that case exemption was granted to the society and it was held that employees of the society are entitled to get exemption. In this case there was no request for granting exemption to the Society as such. In Ext.P1 only relaxation was requested to an individual employee. Individual relaxation in appropriate cases as allowed by law can be W.A.1853/08 2 granted only by relaxation granted by the Registrar. Petitioner earlier approached this Court by filing writ petition No: 2866/08. There also learned Single Judge held as follows:- “In Ext.P5 judgment I have clearly held that while the power to grant relaxation may be with the Registrar, the power of exemption is with the Government and that the power of exemption can be exercised only in favour of the institution as a whole. The power of relaxation from qualification is to be considered on individual basis, subject to satisfaction of the conditions imposed by the legislature.” 3. By Ext.P6 Joint Registrar informed that relaxation cannot be granted. In the above letter a reference to the Registrar is mentioned and it is contended that Ext.P6 is not a speaking order. Therefore, the Learned Judge directed the Joint Registrar to communicate the petitioner the order of the Registrar. If no reasons are stated Registrar was directed to give a reasoned order. The petitioner cannot compel us to refer the matter to the Government to pass individual exemption on the basis of Ext.P1, in the light of the judgment obtained by her in Ext.P4 which has become final against her. If the Joint Registrar communicates the decision of the Registrar and if there is any vitiating circumstances petitioner can challenge the same according to law as the learned Judge W.A.1853/08 3 left the merits of the matter open. We see no ground to interfere with the impugned judgment. Writ appeal is dismissed. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: