IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37559 of 2008(U)
1. HASHIM C.K.,
... Petitioner
Vs
1. PRINCIPAL SECRETARY TO GOVERNMENT
... Respondent
2. JOINT REGISTRAR OF CO-OPERATIVE
For Petitioner :SRI.P.N.MOHANAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :10/08/2009
O R D E R
ANTONY DOMINIC,J.
---------------------
W.P.(C).No.37559 OF 2008
------------------------
Dated this the 10th day of August, 2009.
JUDGMENT
In this writ petition, what the petitioner claims is the
eligibility for promotion to the post of Branch Manager in
the Nanminda Co-operative Agricultural Bank. After passing
Pre-degree, petitioner joined in the service of the Bank as a
Peon on 11.6.1986. Subsequently, he passed JDC
examination in 1989 and was promoted as a Junior Clerk on
1.1.91. Still later, he was promoted as Senior Clerk on
1.1.2002 and as Accountant on 2.12.2004. Next post to
which the petitioner can aspire promotion is the post of
Branch Manager.
2. In terms of the provisions contained in Rule 186 of
the Co-operative Societies Rules, graduation is an essential
qualification for promotion to the post of Branch Manager.
It is stated that, by Ext.P2 resolution, Society resolved to
WP(c).No.37559/08 2
relax the educational qualification of graduation in the case of
the petitioner, subject to approval of the Government. The
request was considered and by Ext.P10, the Government
rejected the request made and that was communicated to the
Society as per Ext.P3 communication of the Joint Registrar.
3. Along with I.A. No.9883/09, petitioner has produced
certain additional documents. Ext.P11 is a resolution passed
by the society, on the day on which Ext.P2 resolution was
passed namely 15.8.2007, resolving to grant relaxation in
respect of one Sri.Vasu Nair, for his promotion to the post of
Branch Manager, as in the case of the petitioner. Government
considered the request and exercising his powers conferred
under Rule 181 of the Kerala Co-operative Societies Rules
issued Ext.P12, GO(P)No.70/2000/co-op. dated 22.5.2009,
exempting the society. The relevant portion of the order reads
as under.
“Now, therefore, in exercise of the powers
conferred by rule 181 of the Kerala Co-operative
Societies Rules 1969, the Government of Kerala
hereby exempt the Nanminda Co-operative RuralWP(c).No.37559/08 3
Bank Ltd. No. F-1238 in Kohikode District from
the provision of item(ii) of clause(b) of sub-rule
(8) of rule 185 of the said rules for the limited
purpose of enabling the said Bank to relax the
educational qualification of graduation to Shri.A.
Vasu Nair, for the purpose of promoting him as
Branch Manager of the Bank. “
4. Based on Ext.P12 and relying on the judgment of this
court in Praveenchandran V. State of Kerala (2008(1) KLT 478),
counsel for the petitioner submits that exemption as
contemplated under Rule 181 is available to the institution and
if so, all employees of the Bank are eligible for the exemption
granted as per Ext.P12. On this basis petitioner seeks a
declaration that he is also eligible for promotion, to the post
of Branch Manager.
5. The judgment in Praveenchandran’s case, to the
extent it relevant reads below for reference.
“powerterms of R.181, the Government has the
In
to grant exemption to any registered
society or class of societies from any of the
provisions of the Rules. That power is to grant
exemption for the institution as such, i.e., the
society or to a class of societies. That rule is
not one, whereby the Government cannot pick
and choose between different employees.
WP(c).No.37559/08 4
Therefore, the Government cannot pick and
choose between different employees of a co-
operative society while making an order of
exemption under R.181. If the Government
concludes, as has been done as per Ext.P4
order, that the Society is entitled to exemption
under R.181, there is no reason why the benefit
of that exemption shall not be available to all
the employees of that society. When the
Government has exercised power under R.181
and exempted the society from the provisions of
R.185(8)(b)(ii), such relaxation applies to the
institution, i.e., the society and not to any
individual employee. Therefore, Exts.P4 and P5
series decisions, whereby the Government made
those orders as if the exemption granted
thereby is for the purpose of the employees
named in those orders, can be treated only as
an order of exemption to the institution, the
society and not an order of exemption confined
to be in favour of the employees mentioned
therein. Hence, the benefit of the decision
contained in Exts.P4 and P5 series granting
exemption, would enure to the benefit of all the
employees of that establishment, including the
petitioners”
6. The aforesaid portion of the judgment shows that,
this court has accepted that , exemption as provided under
Rule 181 is available to the institution. If that be so, all
employees of the institution are eligible for the benefit of
exemption. Consequently, at least from the date of Ext.P12
WP(c).No.37559/08 5
viz 22nd of May, 2009, petitioner being an employee of the
Bank in respect of which Ext.P12 exemption has been granted
is eligible for exemption from the purview of Rule 185(8)(b)(ii)
of the Kerala Co-operative Societies Rules.
Accordingly the writ petition is disposed of declaring that
the petitioner is eligible for the benefit of exemption as
allowed by Ext.P2 and his case for promotion to the post of
Branch Manager will be considered on that basis subject to
availability of vacancies.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.37559/08 6