Dismissed

Ramakrishnan M.S. v. the Registrar of Co-Operative Societies

Kerala HC26 Nov 2012WP(C)/27090/2012

Case brief

AI extract

What is this about?

The Court dismissed a writ petition seeking to quash a Registrar's order denying retrospective date of promotion. Noting the resolution was passed in January 2004 and approved in June 2004, the Court found the petitioner had failed to make out any ground for interference. Consequently, the writ petition was dismissed.

What did the court decide?

The writ petition is dismissed.

Ramakrishnan M.S. Vs the Registrar of Co-Operative… — 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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MONDAY, THE 26TH DAY OF NOVEMBER 2012/5TH AGRAHAYANA 1934

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WP(C).No. 27090 of 2012 (I)

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PETITIONER(S):

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RAMAKRISHNAN M.S., S/O.NAINAR PILLA, AGED 65 YEARS, MAMPETA VALAPPIL,NEAR RAILWAY STATION, SHORONUR-679 121.

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BY ADV. SRI.BINOY VASUDEVAN

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RESPONDENT(S):

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

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2. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, CIVIL STATION, PALAKKAD. 679 101.

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3. THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, OTTAPPALAM.

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4. THE SHORANUR SERVICE CO-OPERATIVE BANK LTD., NO.P 578, REPRESENTED BY ITS SECRETARY, SHORANUR.P.O., PALAKKAD DISTRICT- 679 121.

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R1 TO R3 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C)NO.27090/2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE RELEVANT PAGES OF THE AGENDA OF THE MEETING OF THE BOARD OF DIRECTORS OF THE 4TH RESPONDENT BANK DATED 5/1/2004

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P2 COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 18/6/2004

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P3 COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS DATED 5/7/2004

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P4 COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 30/06/2005

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

HARUN-UL-RASHID,J.

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------------------------------------------------------W.P.(C) No.27090 of 2012

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Dated this the 26^th day of November 2012

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JUDGMENT

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The writ petition is filed seeking to quash Ext.P2 to the extent it granted promotion from the date of the order instead of 1.8.1998 and for other incidental reliefs.

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Petitioner was officiating as the Secretary of the 4^th respondent Bank from 1.8.1998 onwards. The Bank had requested the first respondent to grant him relaxation under Rule 185(8) of the Kerala Co-operative Societies Rules. The resolution was passed by the bank on 5.1.04 which was approved by the first respondent on 18.6.2004.

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The case of the petitioner is that the first respondent should have approved the relaxation with retrospective effect. i.e. from 1.8.1998 as the petitioner was officiating as the Secretary from that date onwards. It is submitted that all the statutory prescriptions that requires for interference by the Registrar as contemplated under Rule 185(8) had been satisfied. It is stated that no reason had been stated as to why retrospectivity in promotion should be refused. There is no statutory prohibition in granting the same. In the said circumstance petitioner contended that Ext.P2 order to the extent of not granting

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w.p.(c) No.27090/2012

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promotion retrospectively is unsustainable.

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Learned counsel for the petitioner submits that the Board of Directors have considered again the issue in its meeting held on 5.7.2004. The Board resolved to grant relaxation in grant of educational qualification to the petitioner by proceedings dated 18.6.2004 marked as Ext.P2 under Rule 185(8) of the Kerala Cooperative Societies Rules. In Ext.P2 order it is made clear that the promotion given to the petitioner is from the date of order i.e.18.6.2004. Petitioner is aggrieved by the decision of the first respondent in not granting promotion w.e.f.1.8.1998 from the date from which the petitioner was officiating as Secretary. Going by Ext.P2 order passed by the first respondent, I find that the petitioner has not made out any ground for interference. Since the resolution was passed on 5.1.2004 and the order was passed by the first respondent on 18.6.2004, I find that no sustainable grounds are made out by the petitioner for interference.

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Accordingly, the writ petition is dismissed.

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Sd/- HARUN-UL-RASHID JUDGE

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al/-

Ramakrishnan M.S. v. the Registrar of Co-Operative Societies

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Ramakrishnan M.S. v. the Registrar of Co-Operative Societies

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