IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 19666 of 2007(N) --------------------------------------- PETITIONER: ------------------- SARADA, POOKKOTTIL HOUSE, P.O. KOTTAPPADY, (VIA) GURUVAYOOR, THRISSUR-680505. BY ADV. SRI.P.N.MOHANAN. RESPONDENTS: ------------------------ 1. JOINT REGISTRAR OF CO-OP.SOCIETIES (G), THRISSUR. 2. THE PORKULAM SERVICE CO-OP.BANK LTD. NO.267, P.O. PORKULAM, (VIA) PAZHANJI, THRISSUR-680 542, REP. BY SECRETARY. 3. REGISTRAR OF CO-OP.SOCIETIES, THIRUVANANTHAPURAM. *ADDL.R4. KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD, P.B. NO. 85,KALA NIVAS, T.C. 27/156, 157, CHAMNANY LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM-1. *ADDL.R4 IMPLEADED AS PER ORDER DTD. 19/02/08 IN I.A. 2276/08. BY SR. GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN, ADV. SRI.M.P.ASHOK KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19666/2007-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION DTD. 16/12/04 OF THE MANAGING COMMITTEE OF THE BANK. EXT.P.2: COPY OF THE ORDER DTD. 22/02/05 BY THE REGISTRAR OF CO-OP. SOCIETIES. EXT.P.3: COPY OF THE REQUEST DTD. 31/03/98 OF THE COMMITTEE. EXT.P.4: COPY OF THE LETTER DTD. 20/02/07 OF THE R.1. EXT.P.5: COPY OF THE JUDGMENT IN W.P.(C). NO. 29679/05 DTD. 23/11/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.19666 of 2007-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of June, 2008. JUDGMENT The second respondent resolved to seek exemption for the petitioner from acquiring the JDC qualification for being promoted as Branch Manager with effect from 31-3-1998. Without stating any reasons, the third respondent confined the exemption to be operative only from the date of Ext.P2 order. Having regard to the fact that the third respondent decided to grant exemption, it ought not to have been pegged to be operative from the date of that order but exemption should have been granted operative with effect from 31-3-1998. Ext.P5 judgment is in support of this proposition. In the result, the last sentence in Ext.P2 is quashed and it is directed that the said order WP(C)19666/2004 -: 2 :- Ext.P2 will take effect from 31-3-1998. All necessary consequential steps will follow. The writ petition is ordered accordingly. No costs. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/0906