IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 28102 of 2010(K) ------------------------- PETITIONER : ----------------- MOHANAN NAIR, BRANCH MANAGER IN CHARGE, THE TRIVANDRUM CO-OP. URBAN, CO-OPERATIVE BANK LTD. 1959, VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): ------------------------- 1. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-1. 2. THE TRIVANDRUM CO-OP. URBAN BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, P.B.NO.115, M.G.ROAD, THIRUVANANTHAPURAM- 695 001. R1 BY GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR R2 BY ADV. SRI.GEORGE POONTHOTTAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28102 of 2010(K) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE LETTER DATED 28.5.2010 OF THE REGISTRAR. EXT.P2 : COPY OF THE PAY REVISION ORDER DATED 22.8.2005. EXT.P3 : COPY OF THE FEEDER CATEGORY SUB RULES APPROVED BY THE JOINT REGISTRAR. EXT.P4 : COPY OF THE ORDER DATED 18.8.2010. EXT.P5 : COPY OF THE ORDER DATED 18.6.2010 OF THE BANK. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.28102 of 2010 ---------------------------------------- Dated 18th October, 2010 JUDGMENT The petitioner is presently working as an Accountant under the second respondent. The next promotional post of Accountant is Branch Manager. Graduation is required for promotion to the post of Branch Manager in terms of Rule 186 of the Co-operative Societies Rules. But, the petitioner is a non-graduate. At the same time, there is provision for granting exemption from acquiring the qualification of graduation for the purpose of promotion in the light of sub rule (8) of Rule 185 of the Co-operative Societies Rules. The contention of the petitioner is that he fulfills all the conditions for earning exemption and for that purpose the second respondent has already passed a resolution dated 9.9.2009 seeking for grant of exemption in respect of the petitioner for the purpose of granting him promotion and the same was forwarded to the first respondent. The grievance of the petitioner is with respect to the delay in the matter of taking a decision on the said resolution forwarded by the second respondent. Evidently, as per Ext.P1, the first respondent has called for certain details. Obviously, the said details were called not from the competent authority as Ext.P1 is not seen marked to the second respondent. If the details required to be furnished are essential for the WP(C).No.28102/2010 2 purpose of taking a decision, it will be open to the first respondent to call for such details from the second respondent. But, there is no justification for delaying a decision on the resolution passed by the second respondent on 9.9.2009 in the matter of granting exemption to the petitioner for the purpose of promotion as Branch Manager. In the above circumstances, this writ petition is disposed of with a direction to the first respondent to take a decision in the matter of granting exemption to the petitioner from acquiring the qualification for promotion to the post of Branch Manager in the light of sub rule (8) of Rule 185 and in the light of the resolution dated 9.9.2009. This shall be done expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. C.T.RAVIKUMAR Judge TKS