Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944 PETITIONER: BINU JACOB, AGED 47 YEARS, S/O.LATE P.N.JACOB, ACCOUNTANT (MANAGER-IN-CHARGE), PUTHENNADA BRANCH ERAVIPURAM SERVICE CO-OPERATIVE BANK LIMITED NO:234,, VALATHUNGAL P.O., KOLLAM -691 011, RESIDING AT PUTHENPURA NAVAMI, ALUMMOODU P.O., KUREEPPALLY, MUKHATHALA, KOLLAM-691 577. B.MOHANLAL ASWIN V. NAIR P.S.PREETHA KUMARI MINI A. KARTHIK J SEKHAR RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM-695 001. 3 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, COLLECTORATE, CUTCHERY P.O., KOLLAM-691 013. 4 THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, COLLECTORAE, CUTCHERY P O, KOLLAM-691013. 5 THE ERAVIPURAM SERVICE CO-OPERATIVE BANK LIMITED NO: Q- 234, HEAD OFFICE VALATHUNGAL P.O., ERAVIPURAM, KOLLAM- 691018, REPRESENTED BY ITS SECRETARY. SMT PARVATHY K-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner, who is working as an Accountant and Manager-in-charge of the fifth respondent Society, has approached this Court with the specific assertion that the said Society has already adopted Ext.P5 resolution for seeking exemption from qualification in his favour, so as to afford him a promotion to the post of Internal Auditor. The petitioner, therefore, prays that the second respondent - Registrar of Co- operative Societies, be directed to consider Ext.P5, so as to enable him to be promoted without any further delay.
2. Smt.Parvathy K. - learned Government Pleader,
however, in response to the afore submission of the petitioner as made by his learned counsel Smt.Preetha P.S., submitted that Ext.P5 is only a resolution and there is nothing to show that it has been placed before the second respondent - Registrar by the Society. She submitted that unless the Society makes a proper application on the strength of said resolution, no action can be taken by the said Authority.
3. When I consider the afore submissions, in is
indubitable that as per the petitioner, Ext.P3 is the application preferred by the Society before the second respondent, which has been attested by the other competent Authorities in the hierarchy.
4. I am, therefore, of the firm view that Exts.P3 and P5
must engage the attention of the second respondent without any further delay. This is more so because, exemption from educational qualification can be allowed only by the second respondent, whatever be the resolution that may have been taken by the Society.
5. In the afore circumstances, I allow this writ petition
and direct the second respondent to take up Ext.P3, which is stated to be accompanied by Ext.P5 and to dispose of the same, after affording an opportunity of being heard to the petitioner and the Society; thus culminating in an appropriate
order and necessary action thereon within a period of two
months from the date of receipt of a copy of this judgment. Needless to say, on the second respondent issuing orders as above and if it is in favour of the petitioner, the fifth respondent - Society will be at liberty to offer him promotion to the post of Internal Auditor, subject to every other condition and qualification being satisfied and complied with. Sd/- DEVAN RAMACHANDRAN JUDGE stu APPENDIX OF WP(C) 20277/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER NO.C.R.P. (2) RESPONDENT TO THE 5TH RESPONDENT. Exhibit P2 THE TRUE COPY OF THE CIRCULAR NO.31/2013 DATED 20.04.2013 ISSUED BY THE 2ND Exhibit P3 THE TRUE COPY OF THE DETAILS OF THE PETITIONER FORWARDED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT COUNTER SIGNED BY RESPONDENTS 2 TO 4. Exhibit P4 THE TRUE COPY OF THE FORM-A APPLICATION SUBMITTED BY THE 5TH RESPONDENT TO THE 2ND Exhibit P5 THE TRUE COPY OF THE DECISION NO.1356 DATED 12.11.2020 FORWARDED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT AS PER COMMUNICATION DATED 22.07.2021.