Allowed

Ramesh v. Vs the Registrar of Co-Operative Societies

Kerala HC27 Nov 2012WP(C)/21017/2012

Case brief

AI extract

What is this about?

Writ petitioner challenged an order granting educational relaxation without retrospective effect. The Court held based on precedent that relaxation should apply from the resolution date. The petition was allowed and the order amended to be effective from 20.8.2010.

What did the court decide?

Declaration that the exemption granted to the petitioner in Ext.P4 order shall take effect from 20.8.2010.

Ramesh v. Vs the Registrar of Co-Operative Societies — Cooperative Societies | 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 HARUN-UL-RASHID

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TUESDAY, THE 27TH DAY OF NOVEMBER 2012/6TH AGRAHAYANA 1934

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WP(C).No. 21017 of 2012 (B)

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PETITIONER(S):

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RAMESH V., AGED 51 YEARS INTERNAL AUDITOR, THE THURAVOOR SOUTH SERVICE CO-OPERATIVE BANK LTD.NO.2727, THURAVOOR P.O., PIN-688532, ALAPPUZHA DISTRICT.

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BY ADV. SRI.V.VARGHESE

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RESPONDENT(S):

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1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN-695 001.

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2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) ALAPPUZHA, PIN-688 001.

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3. THE THURAVOOR SOUTH SERVICE CO-OPERATIVE BANK LTD.NO.2727, THURAVOOR P.O., PIN-688 532, ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY.

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BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN

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R3 BY ADVS. SRI.V.G.ARUN

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SRI.T.R.HARIKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MJL

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WP(C).No. 21017 of 2012 (B)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1: TRUE COPY OF THE LETTER NO.2108/10 DATED 13-9-2010 ALONG WITH THE RESOLUTION DATED 20-8-2010 AND THE DULY FILLED BY PRESCRIBED PROFORMA.

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EXHIBIT P2: TRUE COPY OF THE ORDER NO.E.M(2)7678/11/K.DIS. DATED 16-8-2011 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P3: TRUE COPY OF THE JUDGMENT DATED 7-6-2012 OF THIS HON'BLE COURT IN WPC NO. 13189/2012. EXHIBIT P4: TRUE COPY OF THE ORDER NO.E.M.(2) 38514/K.DIS DATED 18-8-2012 OF THE 1ST RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P A TO JUDGE

MJL

HARUN-UL-RASHID, J.

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W.P.(C).No.21017 Of 2012

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Dated this the 27^th day of November, 2012.

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J U D G M E N T

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The writ petition is filed seeking to quash Ext.P4 order to the extent it does not give relaxation in educational qualification to the petitioner with retrospective effect from 20.8.2010 for appointment by promotion to the post of Assistant Secretary in the 3^rd respondent Bank and for other reliefs.

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The Board of Directors of the 3^rd respondent Bank by

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resolution dated 20.8.2010 decided to appoint the petitioner to the post of Assistant Secretary by giving relaxation of educational qualification subject to orders to be passed by respondents 1 & 2. The 1^st respondent by Ext.P4 order dated 18.8.2012 granted relaxation of qualification to the petitioner from the date of order. The 1^st respondent ordered relaxation of educational qualification for the purpose of promoting the petitioner as Assistant Secretary of the Bank.

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According to the petitioner, Ext.P4, to the extent it has

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been made effective from the date of order, is not in terms of the

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settled position of law and dictum laid down by this Court. In the

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::2::

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W.P.(C).No.21017 Of 2012

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circumstance, the petitioner seeks appropriate directions in this regard. This Court, in similar circumstances, held that the employee is entitled to exemption from the date of resolution passed by the Board of Directors. This Court, in W.P.(C). No.29679/2004, W.P.(C).No.1424/2010 dated 9.2.2010 marked as Ext.P10 and in the decision reported in Dasan v. Registrar of Co-operative Societies (2007(1) KLT 581) held that petitioners are entitled for the promotion already given by effecting relaxation to the qualifications from the date of resolution passed by the Board of Directors.

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In the above circumstances, the writ petition is allowed. It is declared that the exemption granted to the petitioner in Ext.P4 order shall take effect from 20.8.2010 as per the resolution adopted by the managing committee of the 3^rd respondent Bank.

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HARUN-UL-RASHID, Judge.

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bkn/-

Ramesh v. Vs the Registrar of Co-Operative Societies

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Ramesh v. Vs the Registrar of Co-Operative Societies

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