IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 RP.No. 580 of 2007(L) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23428/2003 Dated 21/03/2007 .................... REVIEW PETITIONER(S): 1ST RESPONDENT IN WPC: -------------------------------------------- PONKUNNAM SERVICE CO-OPERATIVE BANK LTD. NO.527, PONKUNNAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL RESPONDENT(S): PETITIONER AND RESPONDENTS 2 TO 4: ------------------------------------------------- 1. P.P.VARGHESE, S/O.CHANDY PAILO, PUTHENPARAMBIL HOUSE, PONKUNNAM, BRANCH MANAGER, PONKUNNAM SERVICE CO-OPERATIVE BANK LTD., PONKUNNAM. 2. K.G.SYAMALA DEVI, KALARICKAL HOUSE, PONKUNNAM P.O. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), KOTTAYAM. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.K.SANIL KUMAR. SRI.V.G.ARUN SRI.P.V.BABY THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 20/07/2009, ALONG WITH RP NO. 712 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- R.P. Nos.580/2007 in W.P.(C)23428/2003 & 712/2007 in W.P.(C) No.33819/2004 ---------------------------------------------- Dated 20th July, 2009. O R D E R These are review petitions at the instance of the Cooperative Bank which is the first respondent in the former writ petition and the writ petitioner in the latter writ petition. The issue pertains to the claim made by the employees for relaxation under Rule 185(8) of the Kerala Cooperative Societies Rules, 1969. This court by judgment dated 21.3.2007, which is sought to be reviewed, disposed of both the writ petitions by a common judgment holding that relaxation of educational qualification takes effect from the date of resolution passed by the society, as held by this court in the decision reported in Dasan v. Registrar of Cooperative Societies (2007(1) KLT 581). But it is to be seen that the said decision on facts may not apply in the present case. That decision pertains to a situation where an employee had already been promoted to a higher post and the Joint Registrar gave sanction for such promotion based on the resolution taken by the Society for relaxing the educational qualification. But in RP NO.580&712/2007 2 the present case, the Society had only sought for prior approval and there is no resolution for promotion. In that view of the matter, the decision referred to above may not as such and wholly apply to the fact situation. In that view of the matter, the writ petitions are to be considered on merits, in view of the error apparent on the face of the record. Accordingly, the review petitions are allowed. Post the writ petitions for hearing as per roster on 27.7.2009. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- R.P. Nos.580/2007 in W.P.(C)23428/2003 & 712/2007 in W.P.(C) No.33819/2004 ---------------------------------------------- O R D E R Dated 20th July, 2009.