IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 29893 of 2009(F) -------------------------------------- PETITIONER(S): ---------------------- K.C.SARALA, SECRETARY - IN-CHARGE, PAZHASSI SERVICE CO-OPERATIVE BANK LTD., NO.F.1532, MATTANNUR, KANNUR DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA SRI.ANEESH JOSEPH RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, CO-OPERATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR. 3. THE PAZHASSI SERVICE CO-OPERATIVE BANK LTD.NO.F.1532, MATTANNUR, KANNUR, REPRESENTED BY ITS PRESIDENT. R1 & R2 BY GOVERNMENT PLEADER SRI. MANOJ P KUNJACHAN R3 BY ADV. SRI SIJI ANTONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 29893/2009 APPENDIX PETITIONER'S EXHIBITS P1 COPY OF THE RESOLUTION OF THE 3RD RESPONDENT BANK DATED 31.01.2008 P2 COPY OF THE LETTER OF THE THIRD RESPONDENT DATED NIL P3 COPY OF THE COMMUNICATION NO. C.R.P. (1)2062/08.KD IS OF 2ND RESPONDENT DATED 05.12.2008 P4 COPY OF THE COMMUNICATION BY THE 3RD RESPONDENT DATED 24.12.2008 P5 COPY OF THE COMMUNICATION NO. C.R.P. (1)8594/08/L.Dis OF THE 2ND RESPONDENT DATED 20.01.2009 P6 COPY OF THE CHALLAN FOR REMITTING RS. 1000/- DATED 06.02.2009 P7 COPY OF THE ORDER NO. 17546/C3/08/CO.OP. OF 1ST RESPONDENT DATED 30.01.2009 P8 COPY OF THE G.O.(P)NO. 123/2008/CO.OP. DATED 15.05.2008 P9 COPY OF THE JUDGMENT IN W.P.(C).NO. 31218 OF 2007 DATED 05.12.2007 TRUE COPY P.A. TO JUDGE SD P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29893 OF 2009 -------------------------- Dated this the 17th day of November, 2011 J U D G M E N T The petitioner is an employee of the third respondent society. She entered service as Junior Clerk on 19.3.1986. She was promoted as Senior Clerk with effect from 1.7.1994 and as Branch Manager with effect from 1.5.2006. The managing committee of the third respondent society that met on 31.1.2008 resolved as per Ext.P1 resolution to request the Government to exempt the petitioner from possessing the qualification of graduation for the purpose of enabling the society to appoint her as Secretary of the society. In view of the fact that the petitioner had not completed 45 years of age and did not have five years of service as Branch Manager, the managing committee also resolved to request the Government to exempt the society in exercise of its power under rule 181 of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as 'the rules' for short) from possessing 5 years of service in the category of Branch Manager and also the age WPC No.29893/2009 2 qualification namely 45 years of age. 2. The President of the third respondent society thereupon moved the Government by submitting Ext.P2 representation seeking exemption. Ext.P2 was forwarded through the Registrar of Co-operative Societies. By Ext.P3 letter dated 5.12.2008 the Registrar of Co-operative Societies informed the President of the third respondent society that the Government have directed that the application for exemption need not be considered. A copy of the Government letter dated 28.10.2008 referred to in Ext.P3 was made available through the learned Government Pleader and it is incorporated in the records. It is stated therein that the Government have decided that the application made by the third respondent society for exemption need not be considered. Upon receipt of Ext.P3 letter, the President of the third respondent society again moved the Government by submitting Ext.P4 representation dated 24.12.2008 seeking reconsideration of the matter. The prescribed fee of Rs.1000/- was also remitted and the application was thereafter considered by the Government. By Ext.P7 letter dated 30.1.2009 the petitioner was informed that WPC No.29893/2009 3 the Government have decided not to reconsider its earlier stand. Hence this writ petition challenging Exts.P3 and P7 and seeking a direction to the respondents to grant the relaxation as requested by the third respondent. 3. Relying on Ext.P8 Government order, it is contended that the Government had in exercise of the power conferred on it under rule 181 of the rules exempted the third respondent society from the provisions of item (ii) of clause (b) of sub rule (8) of rule 185 and sub rule (1) of rule 186 of the rules for the purpose of enabling the society to promote Sri.K.Vasu, who did not possess the educational qualification of graduation, as Secretary of the society with effect from 5.1.2007 and therefore as the exemption was in favour of the third respondent society, there is no reason why a similar treatment should be meted out to the petitioner. Reliance is placed on Ext.P9 judgment of this Court in Praveenchandran v. State of Kerala (2008 (1) KLT 478) in support of the said contention. 4. The respondents have filed a counter affidavit wherein it is contended that Ext.P8 order was passed having regard to the WPC No.29893/2009 4 fact that Sri.K.Vasu had 33 years of service and that in Ext.P8 order it was specifically stated that the exemption is for the purpose of enabling the society to promote Sri.K.Vasu as Secretary with effect from 5.1.2007. It is also stated that as the petitioner did not possess five years of service in the feeder category and had not attained 45 years of age, the petitioner is not entitled to an order of exemption. 5. I heard Sri.M.Ramesh Chander, learned counsel for the petitioner and Sri.Manoj P.Kunjachan, learned Government Pleader appearing for respondents 1 and 2. I have also gone through the pleadings and the materials on record. It is not in dispute that by Ext.P8 order the third respondent society was exempted from the provisions of rule 185(8) for the purpose of enabling it to appoint Sri.K.Vasu as Secretary of the society with effect from 5.1.2007. Pursuant thereto, Sri.K.Vasu was appointed and he retired from service on 31.3.2007. In that vacancy the petitioner was given charge and she has been holding charge of the Secretary ever since 31.3.2007. The society thereafter requested the Government to exempt it from WPC No.29893/2009 5 the provisions of sub rule (8) of rule 185 to appoint her as Secretary of the society. That request was turned down without giving any reason but by merely stating that the Government have decided not to consider it. In my opinion, applying the principles laid down by this Court in Praveenchandran v. State of Kerala (supra) the said stand cannot be sustained. That apart, as on today, the two reasons set out to deny exemption to the petitioner do not exist. The petitioner's date of birth is 22.4.1966. She attained 45 years of age on 21.4.2011. She was appointed as Branch Manager with effect from 1.5.2006. She completed five years of service as Branch Manager on 30.4.2011. Therefore even on the terms of sub rule (8) of rule 185 the request made by the society deserves to be considered at least for the purpose of enabling the appointment of the petitioner as Secretary of the society with effect from 1.5.2011. I am therefore of the opinion that the request made by the third respondent society in Ext.P2 deserves to be reconsidered at least to that extent. I accordingly allow the writ petition, set aside the impugned WPC No.29893/2009 6 orders and direct the Government to reconsider the request in Ext.P2 letter having regard to the fact that the petitioner has now attained 45 years of age and has a service of 5 years in the category of Branch Manager and is otherwise eligible to be exempted from possessing the educational qualification of graduation. Revised orders on Ext.P2 shall be passed expeditiously and in any event within two months from the date of production of a certified copy of this judgment. The Government shall while passing orders on Ext.P2 have due regard to the law laid down by this Court in Praveenchandran v. State of Kerala (supra). The petitioner shall along with a certified copy of this judgment produce before the Government a full text of the decision of this Court in Praveenchandran v. State of Kerala (supra). P.N.RAVINDRAN, (JUDGE) vps WPC No.29893/2009 7