Allowed

K.P.Jalaludeenkutty v. Registrar of Co-Operative Societies

Kerala HC21 Nov 2016WP(C)/7429/2015

Case brief

AI extract

What is this about?

The High Court held that an employee with exemption for promotion to a supervisory cadre (Assistant Secretary) does not need a fresh exemption for promotion to another post in the same cadre (Secretary). The rejection of the petitioner's promotion was set aside, and the petitioner is entitled to exemption and consequential benefits.

What did the court decide?

The order rejecting promotion (Ext.P5) set aside. Petitioner declared entitled to exemption and all consequential monetary benefits.

K.P.Jalaludeenkutty Vs Registrar of Co-Operative… — Cooperative Societies | Kerala HC (2016)

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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 A.MUHAMED MUSTAQUE

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MONDAY, THE 21ST DAY OF NOVEMBER 2016/30TH KARTHIKA, 1938

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WP(C).No. 7429 of 2015 (C)

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PETITIONER(S):

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K.P.JALALUDEENKUTTY, SECRETARY (RETIRED), SASTHAMKOTTA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, LTD.NO.Q 373, SASTHAMKOTTA P.O., KOLLAM DISTRICT, RESIDING AT "PARADISE", SASTHAMKOTTA, KOLLAM DISTRICT.

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BY ADV. SRI.P.N.MOHANAN

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RESPONDENT(S):

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

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2. SASTHAMKOTTA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, LTD.NO.Q 373, REPRESENTED BY SECRETARY, SASTHAMKOTTA P.O., KOLLAM DISTRICT - 690 521.

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3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SASTHAMKOTTA - 690 521.

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R1 & R3 BY SENIOR GOVERNMENT PLEADER SRI.S.GOPINATHAN R2 BY ADVS. SRI.P.SANTHALINGAM (SR.) SRI.S.SHARAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 7429 of 2015 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P-1: A TRUE COPY OF THE ORDER DATED 4.1.2012 OF THE FIRST RESPONDENT

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EXT.P-2: A TRUE COPY OF THE JUDGEMENT DATED 29.5.2012 IN WPC NO.3616/2012

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EXT.P-3: A TRUE COPY OF THE RESOLUTION DATED 13.7.2013 ALONG WITH THE DOCUMENTS EXT.P-4: A TRUE COPY OF THE LETTER DATED 29.11.2013 OF THE ASSISTANT REGISTRAR

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EXT.P-5: A TRUE COPY OF THE ORDER DATED 30.1.2015 OF THE FIRST RESPONDENT

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

A. MUHAMED MUSTAQUE, J.

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W.P.(C) No. 7429 of 2015

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Dated this the 21^st day of November, 2016

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J U D G M E N T

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1.The short question arises for consideration in this writ

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petition is in the context of Rule 185 (8)(G) of the Kerala Cooperative Societies Rules, providing exemption from qualification for promotion to the cadre mentioned therein.

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2.The petitioner obtained exemption from acquiring the qualification of graduation for the purpose of promotion from the post of Branch Manager to Assistant Secretary as per Ext.P1. Thereafter, the petitioner was promoted as Assistant Secretary. However, the petitioner had not obtained exemption for promotion from the post of Assistant Secretary to Secretary. Thereafter, the petitioner was promoted as Secretary on 01.06.2013 and Ext.P3 resolution was made for exempting the petitioner from acquiring the

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W.P.(C) No. 7429 of 2015

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..2..

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required qualification for promotion to the post of Secretary. However, Ext.P3 was rejected by Ext.P5, stating that for promoting the petitioner as Secretary, the petitioner did not obtain exemption in terms of Rule 185(8)(g). In these circumstances, it is appropriate to refer to Rule 185(8)(g), which reads as follows;

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“g) Exemption from qualifications other than Co-operative Training qualification should be obtained at the time of promotion to each cadre which means ministerial cadre, supervisory cadre and chief executive.

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Provided that under no circumstances exemption shall be granted from possessing the required academic qualification and experience for the purpose of effecting promotion to the post of Chief executive of the Credit Societies/Banks come within sub class A and B of class 1 of rule 15, Accounts Officer in the Kerala state Co-operative Bank Ltd., Branch Manager or equivalent posts in the District Co-operative Banks, Deputy Manager in the Kerala State Co-operative Agricultural and Rural Development Bank and Assistant Secretary/Manager and equivalent posts in Urban Co-operative Banks having a deposit of more than ten crores.

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Provided further that the above provision shall not be applicable to those employees who are working in the feeder post of the above mentioned posts in such Societies/Banks as on the date of notification of this rule.

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Provided also that under no circumstances relaxation of any qualification shall be granted to the employees who entered the service of Primary/Central/Apex Co-operative Societies/Banks/ Institution on and after the date of this notification.

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Provided also that the above exemption shall not be

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W.P.(C) No. 7429 of 2015

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..3..

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applicable to those employees who are holding charge of the post of Assistant Secretary/Manager, Chief Accountant/Chief Cashier in such societies/Banks, as on the date of notification of this rule;”

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The above provisions mandate that if an employee is not having the sufficient qualification for promotion to the ministerial, supervisory and chief executive cadre, he shall obtain exemption.

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3.The petitioner undisputedly obtained exemption from

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the required qualification to the post of Assistant Secretary as per Ext.P1. The case of the petitioner is that there is no requirement of separate exemption for promotion to the post of Secretary as he has already obtained exemption. According to the petitioner, it is required only if the promotion is from the supervisory cadre to the Chief Executive cadre.

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4.On a reading of Rule 185(8)(g), it categorizes 3 types of cadre; the ministerial, supervisory and chief executive cadre. If promotion is within the same cadre, i.e., supervisory cadre, employee need not to obtain a further exemption, which has already been obtained for

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W.P.(C) No. 7429 of 2015

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..4..

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the same cadre. In view of the fact that the post, Branch Manager, falls within the supervisory cadre, this Court is of the view that there is no requirement of a further exemption for promotion within the same cadre.

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5.In the above circumstances, this Court is of the view that the stand taken by the 1^st respondent in Ext.P5 that promotion of the petitioner as Secretary is irregular, has to be termed as legally unsustainable. The petitioner, admittedly, sought exemption for promotion as Secretary for want of required qualification of graduation. There is no other reason pointed out in Ext.P5 to reject the petitioner's request for exemption other than the one referred above. In that view of the matter, Ext.P5 is liable to be set aside and the petitioner should be given the benefit of exemption in the light of Ext.P1 to hold the post of Secretary.

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6.Accordingly, the writ petition is allowed. Ext.P5 is set aside. It is declared that the petitioner is entitled for

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W.P.(C) No. 7429 of 2015

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..5..

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exemption from the required qualification of graduation for promotion to the post of Secretary. In view of the above declaration, the petitioner shall be given all consequential monetary benefits.

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Sd/- A. MUHAMED MUSTAQUE JUDGE

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bka/-

K.P.Jalaludeenkutty v. Registrar of Co-Operative Societies

Case brief

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K.P.Jalaludeenkutty v. Registrar of Co-Operative Societies

Case brief

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