K.Rajan Vs. the Angadippuram Service Co-operative Bank Limited No.P 581 - Court Judgment

SooperKanoon Citationsooperkanoon.com/1101732
CourtKerala High Court
Decided OnDec-18-2013
JudgeHONOURABLE MR.JUSTICE K.VINOD CHANDRAN
AppellantK.Rajan
RespondentThe Angadippuram Service Co-operative Bank Limited No.P 581
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice k.vinod chandran wednesday, the18h day of december201327th agrahayana, 1935 wp(c).no. 18381 of 2012 (w) ---------------------------- petitioner: -------------------------- k.rajan aged60years koroth house, gandhi nagar, angadippuram p.o. perinthalmanna taluk, malappuram district. by adv. sri.r.rajesh kormath respondents: ---------------------------- 1. the angadippuram service co-operative bank limited no.p581represented by its secretary, angadippuram p.o. perinthalmanna taluk, malappuram district-679 321.2. the secretary the angadippuram service co-operative bank limited no.p.581 angadippuram p.o., perinthalmanna taluk malappuram district-679 321.3. the joint registrar (general) of co-operative societies malappuram office of the joint registrar of co-operative societies civil station p.o., malappuram, pin-676 505.4. the registrar of co-operative societies office of the registrar of co-operative societies thiruvananthapuram-695 001. r1 & 2 by adv. sri.u.k.devidas r3 & 4 by government pleader sri. noushad thottathil this writ petition (civil) having been finally heard on1812-2013, the court on the same day delivered the following: appendix wp(c).no. 18381 of 2012 (w) petitioner(s) exhibits ext.p1 : true copy of the order dtd.26.6.1995 of the registrar of co-operative societies, thiruvananthapuram. ext.p2 : true copy of the order dtd.13.5.2003 of the3d respondent - joint registrar. ext.p3 : true copy of the written representation dated nil submitted by the petitioner before the2d respondent - secretary. ext.p4 : true copy of the representation dtd.23.2.2012 preferred by the petitioner before the4h respondent - registrar. ext.p5 : true copy of the communication dtd.17.4.2012, issued by the4h respondent - registrar to the3d respondent - joint registrar. respondents' exhibits true copy p.a to judge k. vinod chandran, j - - - - - - - - - - - - -- - - - - - - - - - - - - - - - w.p(c) no. 18381 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - - - dated this the 18th day of december, 2013 judgment the petitioner is aggrieved by the denial of benefit of promotion from the date of resolution by which the petitioner's educational qualification was exempted and he was promoted to the post initially as branch manager and then, chief accountant. in fact, the respondent bank had resolved to exempt the educational qualification of the petitioner under rule 185(8) of the kerala co-operative society rules, 1969 by resolution dated 23.7.1994. the same was approved by the registrar by ext.p1 dated 26.6.1995. subsequently, for facilitating further promotion to the post of chief accountant, the bank again resolved to exempt the educational qualification of the petitioner from 23.8.2002, the approval of which was issued by ext.p2 dated 13.5.2003.2. the dispute raised is only with respect to the benefits the petitioner is entitled to in the intervening period between the resolution and approval. the issue with respect to the entitlement of promotion whether it be from the date of wpc.18381/2012 :2. : resolution or the date of approval is no longer res integra. judgment in a writ appeal no.361 of 2011 dated 18.3.2011 held that the exemption granted has to relate back to the date of resolution or actual promotion. the said retrospective effect can only be, if the employee who was exempted from educational qualification, was in fact, promoted on the strength of the resolution, before the approval was granted. in such circumstances, there shall be a direction to the 4th respondent to consider ext.p4 representation within a period of three months from the date of receipt of a certified copy of this judgment.3. in fact this court had directed the learned government pleader to get instruction as to whether ext.p4 is still pending in the office of the 4th respondent. on instruction, the learned government pleader submits that no such representation could be traced out in the office of the 4th respondent. receipt of ext.p4 in the office of the 4th respondent is evidenced by ext.p5 wherein the registrar had specifically written to the joint registrar about the representation of the petitioner. in such circumstances, the wpc.18381/2012 :3. : writ petitioner is directed to produce a certified copy of the judgment along with a certified copy of the writ petition before the 4th respondent within a period of two weeks from the date of receipt of a copy of this judgment. the registrar shall consider the same in accordance with the observations herein above made and pass orders at any rate within a period of three months from the date of receipt of a copy of this judgment. sd/- (k. vinod chandran, judge) jma //true copy// p.a to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE18H DAY OF DECEMBER201327TH AGRAHAYANA, 1935 WP(C).No. 18381 of 2012 (W) ---------------------------- PETITIONER: -------------------------- K.RAJAN AGED60YEARS KOROTH HOUSE, GANDHI NAGAR, ANGADIPPURAM P.O. PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.R.RAJESH KORMATH RESPONDENTS: ---------------------------- 1. THE ANGADIPPURAM SERVICE CO-OPERATIVE BANK LIMITED NO.P581REPRESENTED BY ITS SECRETARY, ANGADIPPURAM P.O. PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679 321.

2. THE SECRETARY THE ANGADIPPURAM SERVICE CO-OPERATIVE BANK LIMITED NO.P.581 ANGADIPPURAM P.O., PERINTHALMANNA TALUK MALAPPURAM DISTRICT-679 321.

3. THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES MALAPPURAM OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES CIVIL STATION P.O., MALAPPURAM, PIN-676 505.

4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-695 001. R1 & 2 BY ADV. SRI.U.K.DEVIDAS R3 & 4 BY GOVERNMENT PLEADER SRI. NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1812-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX WP(C).No. 18381 of 2012 (W) PETITIONER(S) EXHIBITS EXT.P1 : TRUE COPY OF THE ORDER

DTD.26.6.1995 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. EXT.P2 : TRUE COPY OF THE ORDER

DTD.13.5.2003 OF THE3D RESPONDENT - JOINT REGISTRAR. EXT.P3 : TRUE COPY OF THE WRITTEN REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE2D RESPONDENT - SECRETARY. EXT.P4 : TRUE COPY OF THE REPRESENTATION DTD.23.2.2012 PREFERRED BY THE PETITIONER BEFORE THE4H RESPONDENT - REGISTRAR. EXT.P5 : TRUE COPY OF THE COMMUNICATION DTD.17.4.2012, ISSUED BY THE4H RESPONDENT - REGISTRAR TO THE3D RESPONDENT - JOINT REGISTRAR. RESPONDENTS' EXHIBITS TRUE COPY P.A TO JUDGE K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 18381 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2013

JUDGMENT

The petitioner is aggrieved by the denial of benefit of promotion from the date of resolution by which the petitioner's educational qualification was exempted and he was promoted to the post initially as Branch Manager and then, Chief Accountant. In fact, the respondent Bank had resolved to exempt the educational qualification of the petitioner under Rule 185(8) of the Kerala Co-operative Society Rules, 1969 by resolution dated 23.7.1994. The same was approved by the Registrar by Ext.P1 dated 26.6.1995. Subsequently, for facilitating further promotion to the post of Chief Accountant, the Bank again resolved to exempt the educational qualification of the petitioner from 23.8.2002, the approval of which was issued by Ext.P2 dated 13.5.2003.

2. The dispute raised is only with respect to the benefits the petitioner is entitled to in the intervening period between the resolution and approval. The issue with respect to the entitlement of promotion whether it be from the date of WPC.18381/2012 :

2. : resolution or the date of approval is no longer res integra. Judgment in a Writ Appeal No.361 of 2011 dated 18.3.2011 held that the exemption granted has to relate back to the date of resolution or actual promotion. The said retrospective effect can only be, if the employee who was exempted from educational qualification, was in fact, promoted on the strength of the resolution, before the approval was granted. In such circumstances, there shall be a direction to the 4th respondent to consider Ext.P4 representation within a period of three months from the date of receipt of a certified copy of this judgment.

3. In fact this Court had directed the learned Government Pleader to get instruction as to whether Ext.P4 is still pending in the office of the 4th respondent. On instruction, the learned Government Pleader submits that no such representation could be traced out in the office of the 4th respondent. Receipt of Ext.P4 in the office of the 4th respondent is evidenced by Ext.P5 wherein the Registrar had specifically written to the Joint Registrar about the representation of the petitioner. In such circumstances, the WPC.18381/2012 :

3. : writ petitioner is directed to produce a certified copy of the judgment along with a certified copy of the writ petition before the 4th respondent within a period of two weeks from the date of receipt of a copy of this judgment. The Registrar shall consider the same in accordance with the observations herein above made and pass orders at any rate within a period of three months from the date of receipt of a copy of this judgment. Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge