Allowed

Sara Raju v. the Joint Registrar of Co-Operative Societies (General)

Kerala HC7 Mar 2024WP(C)/3662/2021

Case brief

AI extract

What is this about?

Peons of a co-operative bank sought promotion to Junior Clerk, contending Rule 185(10)'s 1:4 promotion-direct recruitment ratio did not apply to them since they were appointed pursuant to a notification prior to its insertion. Court held the first proviso exempted them and declared them entitled to promotion under feeder category rules.

What did the court decide?

Petitioners declared entitled to promotion to the next post per feeder category rules; respondents directed to issue necessary promotion orders.

Sara Raju Vs the Joint Registrar of Co-Operative… — Cooperative Societies | Kerala HC (2024)

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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 BASANT BALAJI

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THURSDAY, THE 7^TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945

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WP(C) NO. 3662 OF 2021

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PETITIONER/S:

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1 SARA RAJU AGED 38 YEARS W/O. GANESH PAUL, KALLUNGAL HOUSE, POTHANICAD, ERNAKULAM DISTRICT, PIN-686671.

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2 BASIL SABU, AGED 28 YEARS S/O. SABU, PUTHIYAMADATHIL HOUSE, PULINTHANAM, POTHANICAD, ERNAKULAM DISTRICT, PIN-686671.

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3 ANCIL ELDHO ALIAS, AGED 27 YEARS S/O. ALIAS, KUNNATHU HOUSE, MUVATTUPUZHA, ERNAKULAM-686661. BY ADVS. SALIM V.S. SMT.A.M.FOUSI

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RESPONDENT/S:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) ERNAKULAM-682016.

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2 POTHANICAD FARMEST CO-OPERATIVE BANK LTD. NO.3510, POTHANICAD P.O., ERNAKULAM DISTRICT, PIN-686671, REPRESENTED BY ITS MANAGING DIRECTOR.

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3 REGISTRAR OF CO-OPERATIVE SOCIETIES, CO-OPERATIVE REGISTRAR OFFICE, THIRUVANANTHAPURAM-695014.

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4 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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BY ADV SRI.H.NUJUMUDEEN

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OTHER PRESENT:

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GP SRI. TONY AUGUSTINE.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC 3662/2021

JUDGMENT

(Dated this the 7^th day of March 2024)

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The writ petition is filed for the following reliefs:

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“i) Issue a writ of certiorari of other appropriate writ, order or direction and struck down the ratio 1:4 for promotion and direct recruitment in the matter of promotion to the post of junior clerks in primary Cooperative Societies and Primary Agricultural and Rural Development Banks since the same is an unreasonable restriction imposed in the matter of promotion; and

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ii) Declare that all the petitioners are entitled to be promoted to the post of junior clerks in the 2^nd respondent bank in view of Rule 185 (1) third proviso of the Kerala Co-operative Societies Rules; and

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iii) To direct the 2^nd respondent to promote the petitioners to the available post of junior clerks in the bank, and

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iv) Issue such other appropriate writ, order or direction which may deem fit and appropriate in the facts and circumstances of the case and allow the writ petition with cost.”

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2. The petitioners are working in the post of Peon in

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the 2^nd respondent Co-operative Bank on the basis of the

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notification. The petitioners are appointed as Peon in the

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2^nd respondent Bank, which is the feeder category of Junior

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WPC 3662/2021

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Clerk on the basis of the notification published in Mathrubhumi daily on 23.11.2014 on the basis of the

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decision of the Director Board meeting on 20.11.2014 prior to the introduction of Rule 185(10) of the Kerala Co-

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operative Societies Rules.

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It is submitted that the 1^st petitioner is having B.A

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Degree and JDC and she had undergone and passed the training qualification as stipulated in Rule 185 of the Kerala Co-operative Societies Rules. The petitioners 2 and 3 are also having B.Com Degree with Co-operation. So they are entitled to be promoted to the post of Junior Clerk. The total number of sanctioned post of Junior/Senior Clerk in the 2^nd respondent Bank is 14. Out of this, 9 are filled, and

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5 remain vacant from the year 2014.

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Heard the counsel for the petitioners, counsel for

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the 2^nd respondent and the Government Pleader.

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WPC 3662/2021

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5. Rule 185(1) of the Rules reads as follows:-

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“Subject to the provisions of sub-rules (2), (3) and (4) appointments to the categories of posts in a society, other than those mentioned in sub-rules (2), (3) and (4), shall be made by promotion, on the basis of seniority in the feeder category. The feeder categories for this purpose shall be specified by the society by framing suitable regulations, with the approval of the Registrar.

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[Provided that if the senior employee/ employees in the feeder category to a post relinquishes promotion, the immediate junior to the employee/ employees in the feeder category shall be promoted.

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Provided further that if all the employees in the feeder category to a post relinquishes promotion an employee on the immediate lower category shall be promoted to the post after promoting him to the feeder category post by creating a supernumerary post. The supernumerary post so created shall be abolished on promotion of the said employee to the higher posts.

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[Provided also that the promotion from sub staff category to the post of Junior Clerks shall be made only if such employees are having the required qualification and minimum three years service in the feeder category.]”

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Sub- Rule (10) was inserted by SRO No. 733 of

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2014 with effect from 26.11.2014, which reads as follows:-

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(10) Substantive vacancies in the posts of clerk in all Primary Co-operative Societies/Banks, and Primary Agricultural and Rural Development Bank shall be filled up by promotion and direct recruitment in the ratio of 1:4:

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WPC 3662/2021

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The 1st proviso to Sub - Rule (10) before amendment with

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effect from 04.01.2022 reads as follows:-

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“Provided that the above sub-rule shall not be applicable to those employees who are in the sub staff category to be promoted as per feeder category subrules approved by the Joint Registrar/Registrar, as on the date of the notification of this sub-rule for a period of three years from the date of notification of this rule”

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Thus, it can be seen that, Sub-Rule (10) does not have an

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application for a period of three years from 26.11.2014, the

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date on which the sub-rule was inserted.

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The petitioners were appointed as per Ext.P1 to

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P3 pursuant to the resolution dated 20.11.2014 and they are

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qualified to the next post as per the feeder category rules.

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Since the petitioners were appointed to pursuant to

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notification prior to 26.11.2014, Sub-Rule (10) of Rule 185

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is not applicable which is exempted by 1^st proviso.

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Therefore, the denial of promotion to the next post is

WPC 3662/2021

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illegal.

In the result, this Writ Petition is allowed and it is

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declared that the petitioners are entitled to be promoted to

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the next post as per the feeder category rules. Necessary

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orders for promotions shall be issued by the respondents.

Sd/-

BASANT BALAJI JUDGE

WPC 3662/2021

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APPENDIX OF WP(C) 3662/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE APPOINT ORDER DATED 11.7.2015 OF THE 1ST PETITIONER.
EXHIBIT P2	TRUE COPY OF THE APPOINTMENT ORDERS DATED 25.7.2015 ISSUED TO THE 2ND PETITIONER.
EXHIBIT P3	TRUE COPY OF THE APPOINTMENT ORDERS DATED 25.7.2015 ISSUED TO THE 3RD PETITIONER.
EXHIBIT P4	TRUE COPY OF THE B.A.DEGREE CERTIFICATE OF THE 1ST PETITIONER.
EXHIBIT P5	TRUE COPY OF THE JDC CERTIFICATE OF THE 1ST PETITIONER.
EXHIBIT P6	TRUE COPY OF THE B.COM DEGREE CERTIFICATE OF THE 2ND PETITIONER.
EXHIBIT P7	TRUE COPY OF THE B.COM DEGREE CERTIFICATE OF THE 3RD PETITIONER.
EXHIBIT P8	TRUE COPY OF THE CERTIFICATES OF TRAINING UNDERGONE BY THE 2ND PETITIONER.
EXHIBIT P9	TRUE COPY OF THE CERTIFICATES OF TRAINING UNDERGONE BY THE 3RD PETITIONER.
EXHIBIT P10	TRUE COPY OF THE ORDER DATED 26.5.2015 PASSED BY THE 1ST RESPONDENT.

Sara Raju v. the Joint Registrar of Co-Operative Societies (General)

Case brief

What is this about?

What did the court decide?

Sara Raju v. the Joint Registrar of Co-Operative Societies (General)

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

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