IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 25589 of 2011(W) ----------------------------------------- PETITIONER(S): ------------------------- P.J.ANTHAPPAN, BRANCH MANAGER, NATTIKA FIRKA CO-OPERATIVE RURAL BANK LTD.NO. F.1251, MATHILAKAM BRANCH, MATHILAKAM, THRISSUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------------------- 1. THE NATTIKA FIRKA CO-OPERATIVE RURAL BANK LTD.NO.F 1251, VALAPPAD P.O., THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY-680 567. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR-680 001. BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25589/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER OF PROMOTION DATED 15/3/2003. P2 COPY OF THE ORDER OF EXEMPTION GRANTED TO THE SOCIETY FOR PROMOTING THE PETITIONER TO THE POST OF BRANCH MANAGER. P3 COPY OF THE SENIORITY LIST OF EMPLOYEES OF THE SOCIETY AS ON 1/9/2009. P4 COPY OF THE FEEDER CATEGORY SUB RULES OF THE SOCIETY AS APPROVED BY THE ORDER OF THE JOINT REGISTRAR DATED 25/1/2010. P5 COPY OF THE REPRESENTATION DATED 11/10/2010 SUBMITTED BY THE PETITIONER BEFORE THE COMMITTEE OF THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 25589 of 2011 ------------------------------- Dated this the 27th day of September, 2011 J U D G M E N T The petitioner is presently working as Branch Manager in the first respondent bank. He entered service as Attender on 1.8.1973. He was thereafter promoted as Junior Clerk, Senior Clerk, Accountant and to the category of Branch Manager with effect from 15.3.2003 as per Ext.P1 proceedings issued by the President of the Bank. In that order of promotion, it was specifically stated that the petitioner's promotion will be provisional and subject to production of an order of exemption from educational qualification within six months from the date of promotion. Such an order of exemption was later issued as per Ext.P2 order dated 2.8.2004 issued by the Registrar of Co-operative Societies whereby the Registrar relaxed the educational qualification of graduation for the purpose of enabling the first respondent bank to promote the petitioner as Branch Manager. The grievance voiced by the petitioner is that though in terms of rule 185 (8)(g) of the Kerala Co-operative Societies Rules, 1969, Ext.P2 would enable his promotion to the category of Assistant Secretary of the W.P.(C) No.25589 of 2011 2 bank overlooking the seniority and eligibility, the respondents are taking steps to promote his junior, Smt.P.V.Latha who was promoted as Senior Clerk only in the year 2003. The petitioner states that aggrieved by the said proposal, he has submitted Ext.P5 representation dated 11.10.2010 before the managing committee of the first respondent, but till date, order have not been passed thereon. On these grounds, the petitioner seeks the following reliefs:- i) issue a writ of mandamus or any other writ order or direction to the first respondent to promote the petitioner to the post of Assistant Secretary forthwith. ii) to declare that exemption from the qualification prescribed in Rule 186 is not required to be obtained for promotion of the petitioner to the post of Assistant Secretary and Secretary, by virtue of Rule 200 of the Rules. iii) To declare that no further exemption is required for promotion of the petitioner to the post of Assistant Secretary, in view of Ext.P2, as per Rule 185(8)(g). iv) To command the first respondent to take decision on Ext.P5 in the light of Rule 185(8)(g) of the rules within two weeks.” 2. It is evident from the materials on record that the managing committee is not considering the petitioner's claim for promotion to the category of Assistant Secretary. The contention of the petitioner is that by virtue of Ext.P2 order of exemption, he is W.P.(C) No.25589 of 2011 3 exempted from possessing the educational qualification of graduation for the purpose of promotion to the category of Assistant Secretary also. The dispute raised by the petitioner is in my opinion a dispute as defined in sub-section (2) of section 69 of the Kerala Co-operative Societies Act, 1969. As per the provisions of section 69 of the Kerala Co-operative Societies Act, as amended with effect from 1.1.2000, the dispute raised by the petitioner is one which can be entertained and disposed of by the Co-operative Arbitration Court. As a matter of fact, sub-section (2) of section 69 stipulates that Co-operative Arbitration Court alone shall have jurisdiction to entertain such disputes. Under sub-section (2) of section 70, the Co-operative Arbitration Court is also empowered to issue interim orders pending resolution of the main dispute. The petitioner thus has an effective and alternate remedy wherein he can put forward all his contentions and seek appropriate reliefs. That apart, from the order of the Co-operative Arbitration Court, an appeal lies to the Kerala Co-operative Tribunal. Such being the situation, I am of the opinion that he should resort to such remedies instead of straight-away moving this Court under Article 226 of the Constitution of India. I accordingly decline jurisdiction and dismiss the writ W.P.(C) No.25589 of 2011 4 petition, leaving open the petitioner's contentions and reserving liberty with him to seek redressal of his grievances in other appropriate proceedings. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.25589 of 2011 JUDGMENT Dated:- 27th September, 2011 --------------------------------------