Disposed

E. Hamza v. Registrar of Co-Operative Societies

Kerala HC13 Aug 2012WP(C)/18981/2012

Case brief

AI extract

What is this about?

Petitioners, Senior Accountants, sought exemption from graduation qualification for promotion to Branch Manager under Co-operative Societies Rules. The court directed the Registrar of Cooperative Societies to consider and pass final orders on their submitted resolutions within six weeks.

What did the court decide?

Directed the Respondent to consider and pass final orders on Exts.P1 and P2 resolutions within six weeks from the date of receipt of the judgment.

E. Hamza Vs Registrar of Co-Operative Societies — Service and Employment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN

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MONDAY, THE 13TH DAY OF AUGUST 2012/22ND SRAVANA 1934

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WP(C).No. 18981 of 2012 (W)

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PETITIONER(S):

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1. E. HAMZA, AGED 52 YEARS SENIOR ACCOUNTANT

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KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD. NO.F.1635

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P.O CHALAPPURAM, KALLAI ROAD, KOZHIKODE 673 002.

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2. O.SANTHOSH BABU

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SENIOR ACCOUNTANT

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KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD. NO.F.1635

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P.O CHALAPPURAM, KALLAI ROAD, KOZHIKODE 673 002.

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BY ADVS.SRI.P.N.MOHANAN

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SMT.I.VINAYAKUMARI

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RESPONDENT(S):

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REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM 695 001.

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BY GOVERNMENT PLEADER SHRI G GOPAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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13-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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kkj

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:2:

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WP(C).No. 18981 of 2012 (W)

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APPENDIX

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PETITIONERS' EXHIBITS

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P1. A TRUE COPY OF THE RESOLUTION NO.17 DATED 17.6.2011 ALONG WITH COVERING LETTER OF THE BANK.

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P2. A TRUE COPY OF THE RESOLUTION NO.19 DATED 17.6.2011 ALONG WITH COVERING LETTER OF THE BANK.

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P3. A TRUE COPY OF THE ORDER DATED 11.7.2012 IN RESPECT OF MR.C.K.BALAKRISHNAN.

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P4. A TRUE COPY OF THE JUDGMENT DATED 23.11.2005 IN WPC NO. 29679/2004.

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RESPONDENTS' EXHIBITS

NIL

//TRUE COPY//

PA TO JUDGE

K.SURENDRA MOHAN,J.

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--------------------------------------------WP(C).No.18981 of 2012

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Dated this the 13^th day of August, 2012

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J U D G M E N T

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The petitioners are working as Senior Accountants in the Kozhikode District Co-operative Bank. According to the petitioners, they are persons who are entitled to be promoted to the post of Branch Manager, in accordance with feeder category sub rules. However, the basic qualification for a Branch Manager is Graduation. The petitioners claim that they are entitled to be granted exemption from the said qualification, in accordance with Rule 185(8) of the Co-operative Societies Rules, 1969. The bank has passed Exts.P1 and P2 resolutions seeking such exemption from the respondent. The petitioners complaint that Exts.P1 and P2 have not been considered till date. At the same time, in the case of one Mr.C.K. Balakrishnan with respect to

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W.P.(C)No.18981 of 2012

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: 2 :

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whom a similar resolution had been submitted to the Registrar, exemption has already been granted. The petitioners therefore seek the issue of appropriate directions for the consideration of Exts.P1 and P2.

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I have heard the learned Government Pleader

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also.

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The relief sought for being limited in nature, I am satisfied that this writ petition itself can be disposed of with the following direction.

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The respondent is directed to consider and pass final orders on Exts.P1 and P2 resolutions, in accordance with law, as expeditiously as possible and at any rate within a

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period of six weeks from the date of receipt of a copy of this judgment.

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K.SURENDRA MOHAN, JUDGE

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kkj

E. Hamza v. Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

E. Hamza v. Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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