IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 37559 of 2008(U) ---------------------------------------- PETITIONER(S): ------------------------- HASHIM C.K., BRANCH MANAGER IN CHARGE, NANMINDA CO-OPERATIVE RURAL BANK LTD.NO. F 1238, P.O.NANMINDA, KOZHIKODE. BY ADV. MR.P.N.MOHANAN RESPONDENT(S): --------------------------- 1. PRINCIPAL SECRETARY TO GOVERNMENT CO-OPERATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE. R1 & R2 BY GOVERNMENT PLEADER MR.K.S.MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.N.37559/2008U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF P OST SANCTION OF THE JOINT REGISTRAR, P2: COPY OF THE RESOLUTION OF THE MANAGING COMMITTEE DTD. 15/08/07 ALONG WITH COVERING LETTER. P3: COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT. P4,P5,P6,P7 AND P8:COPY OF THE ORDER DTD. 22/05/2004, 5/11/2003, 1/11/2003, 3/5/2002 AND 26/07/95 ISSUED IN RESPECT OF VARIOUS EMPLOYEES OF NANMINDA SERVICE CO-OPERATIVE BANK. P9 SERIES: COPY OF THE ORDERS ISSUED BY THE GOVERNMENT DTD. G.O.(P) NO.9/2007/CO-OP. DTD. 4/01/2007, G.O.(P)NO.14/2007/CO-OP. DTD. 5/01/2007, G.O.(P)NO.3/2008/CO-OP. DTD. 2/01/2008, G.O.(P)NO.5/2008/CO-OP. DTD.2/01/2008, G.O.(P)NO.209/2008/CO-OP. DTD. 3/09/2008. P10: N I L P11: COPY OF THE APPLICATION SUBMITTED TO THE GOVERNMENT FOR EXEMPTION IN THE CASE OF A VASU NAIR. P12: COPY OF THE ORDER DTD. 20/06/2009 PUBLISHED IN KERALA GAZETTE. P13: COPY OF THE JUDGMENT REPORTED IN 2008 (1) KLT 478. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC,J. --------------------- W.P.(C).No.37559 OF 2008 ------------------------ Dated this the 10th day of August, 2009. JUDGMENT In this writ petition, what the petitioner claims is the eligibility for promotion to the post of Branch Manager in the Nanminda Co-operative Agricultural Bank. After passing Pre-degree, petitioner joined in the service of the Bank as a Peon on 11.6.1986. Subsequently, he passed JDC examination in 1989 and was promoted as a Junior Clerk on 1.1.91. Still later, he was promoted as Senior Clerk on 1.1.2002 and as Accountant on 2.12.2004. Next post to which the petitioner can aspire promotion is the post of Branch Manager. 2. In terms of the provisions contained in Rule 186 of the Co-operative Societies Rules, graduation is an essential qualification for promotion to the post of Branch Manager. It is stated that, by Ext.P2 resolution, Society resolved to WP(c).No.37559/08 2 relax the educational qualification of graduation in the case of the petitioner, subject to approval of the Government. The request was considered and by Ext.P10, the Government rejected the request made and that was communicated to the Society as per Ext.P3 communication of the Joint Registrar. 3. Along with I.A. No.9883/09, petitioner has produced certain additional documents. Ext.P11 is a resolution passed by the society, on the day on which Ext.P2 resolution was passed namely 15.8.2007, resolving to grant relaxation in respect of one Sri.Vasu Nair, for his promotion to the post of Branch Manager, as in the case of the petitioner. Government considered the request and exercising his powers conferred under Rule 181 of the Kerala Co-operative Societies Rules issued Ext.P12, GO(P)No.70/2000/co-op. dated 22.5.2009, exempting the society. The relevant portion of the order reads as under. “Now, therefore, in exercise of the powers conferred by rule 181 of the Kerala Co-operative Societies Rules 1969, the Government of Kerala hereby exempt the Nanminda Co-operative Rural WP(c).No.37559/08 3 Bank Ltd. No. F-1238 in Kohikode District from the provision of item(ii) of clause(b) of sub-rule (8) of rule 185 of the said rules for the limited purpose of enabling the said Bank to relax the educational qualification of graduation to Shri.A. Vasu Nair, for the purpose of promoting him as Branch Manager of the Bank. “ 4. Based on Ext.P12 and relying on the judgment of this court in Praveenchandran V. State of Kerala (2008(1) KLT 478), counsel for the petitioner submits that exemption as contemplated under Rule 181 is available to the institution and if so, all employees of the Bank are eligible for the exemption granted as per Ext.P12. On this basis petitioner seeks a declaration that he is also eligible for promotion, to the post of Branch Manager. 5. The judgment in Praveenchandran's case, to the extent it relevant reads below for reference. “ In terms of R.181, the Government has 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 cannot pick and choose between different employees. WP(c).No.37559/08 4 Therefore, the Government cannot pick and choose between different employees of a co- operative society while making an order of exemption under R.181. If the Government concludes, as has been done as per Ext.P4 order, that the Society is entitled to exemption under R.181, there is no reason why the benefit of that exemption shall not be available to all the employees of that society. When the Government has exercised power under R.181 and exempted the society from the provisions of R.185(8)(b)(ii), such relaxation applies to the institution, i.e., the society and not to any individual employee. Therefore, Exts.P4 and P5 series decisions, whereby the Government made those orders as if the exemption granted thereby is for the purpose of the employees named in those orders, can be treated only as an order of exemption to the institution, the society and not an order of exemption confined to be in favour of the employees mentioned therein. Hence, the benefit of the decision contained in Exts.P4 and P5 series granting exemption, would enure to the benefit of all the employees of that establishment, including the petitioners” 6. The aforesaid portion of the judgment shows that, this court has accepted that , exemption as provided under Rule 181 is available to the institution. If that be so, all employees of the institution are eligible for the benefit of exemption. Consequently, at least from the date of Ext.P12 WP(c).No.37559/08 5 viz 22nd of May, 2009, petitioner being an employee of the Bank in respect of which Ext.P12 exemption has been granted is eligible for exemption from the purview of Rule 185(8)(b)(ii) of the Kerala Co-operative Societies Rules. Accordingly the writ petition is disposed of declaring that the petitioner is eligible for the benefit of exemption as allowed by Ext.P2 and his case for promotion to the post of Branch Manager will be considered on that basis subject to availability of vacancies. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.37559/08 6