IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 5648 of 2011(E) ------------------------- PETITIONER(S): --------------- RAJENDRAN NAIR, SECRETARY IN CHARGE, ENATHU SERVICE CO-OPERATIVE BANK, LTD. NO.2529, ENATHU P.O., PATHANAMTHITTA. BY ADV. SRI.P.N.MOHANAN SMT.I.VINAYAKUMARI RESPONDENT(S): --------------- 1. ENATHU SERVICE CO-OPERATIVE BANK, LTD. NO.2529, REPRESENTED BY ITS PRESIDENT, ENATHU P.O., PATHANAMTHITTA. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), PATHANAMTHITTA. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.5648 of 2011 ----------------------------------------- Dated this the 23rd day of February, 2011 JUDGMENT The petitioner entered service as Junior Clerk in the first respondent bank on 28.5.1981. He was promoted as Senior Clerk on 1.2.1987 and as Accountant on 1.8.1994. Still later, he was promoted as Assistant Secretary on 1.4.2001. An objection was taken to that promotion on the ground that the post of Assistant Secretary is not a post sanctioned as per the Feeder Category Rules. The petitioner was thereupon reverted to the category of Accountant with effect from 1.1.2005. While matters stood thus the post of Secretary of the first respondent bank fell vacant on 18.8.2008. The petitioner was thereupon given charge of the Secretary of the bank. After being given charge of the Secretary of the bank, the petitioner submitted Ext.P2 representation dated 1.12.2008 requesting the President of the first respondent bank to promote him as Secretary with effect from 18.8.2008. He thereafter filed W.P(C)No.7227 of 2010 in this Court. By Ext.P3 judgment delivered on 26.3.2010 a learned single Judge of this W.P(C).No.5648 of 2011 -:2:- Court directed the first respondent to consider Ext.P2 representation and take an appropriate decision thereon. As directed by this Court, the managing committee of the first respondent bank considered Ext.P2 representation and resolved that his request will be considered after the Feeder Category Sub Rules are approved by the Joint Registrar of Co-operative Societies. The petitioner states that though thereafter Ext.P5 Feeder Category Rules were approved by the Joint Registrar of Co-operative Societies, Pathanamthitta by order passed on 26.11.2010, he was not promoted as Secretary, that he thereupon submitted Ext.P6 representation before the President of the first respondent bank seeking such promotion, and that the President of the first respondent bank made an endorsement on Ext.P6 representation that the petitioner's representation will be considered in the next meeting of the committee. The grievance voiced by the petitioner is that till date a decision has not been taken thereon. In this writ petition the petitioner seeks a direction to the first respondent to consider Ext.P6 representation within a time limit to be fixed by this Court. 2. The pleadings and the materials on record disclose that what the petitioner seeks is in essence promotion as Secretary of the first respondent bank. Whether going by the Feeder Category W.P(C).No.5648 of 2011 -:3:- Rules, and the provisions contained in the Kerala Co-operative Societies Act and the Rules the petitioner is entitled to be promoted as Secretary of the first respondent bank is primarily a matter for the first respondent to decide. Ext.P6 discloses that the original thereof has already been received by the President of the first respondent bank. In such circumstances since more than two months have passed after Ext.P6 representation was submitted and the post of Secretary is lying vacant for the past several months, I dispose of the writ petition with a direction to the first respondent bank to consider Ext.P6 representation submitted by the petitioner and take an appropriate decision thereon in accordance with law within one month from the date on which the petitioner produces a certified copy of this judgment before the Secretary of the first respondent bank. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.5648 of 2011 ---------------------------- JUDGMENT 23rd February, 2011