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2003 Supreme(Ker) 293

CYRIAC JOSEPH, K.THANKAPPAN
The Vazhithala Service Co-operative Bank – Appellant
Versus
The Registrar of Co-Operative Societies – Respondent


Judgment :-

Cyriac Joseph, J.

1. This Writ Appeal is filed against the judgment in O.P.No.26196 of 2001. The appellant is the petitioner in the Original Petition.

2. The appellant is Vazhithala Service Co-operative Bank Limited (hereinafter referred to as "the Bank"). As per the bye laws of the Bank, the post of Secretary is to be filled up either by promotion from the cadre of Assistant Secretary/Manager/Chief Accountant or by direct recruitment. Sri. K. M. Mathai, the Secretary of the Bank, was due to retire from service on 31.8.2000. The Assistant Secretary Smt.N.G. Santhakumari and the Branch Manager Smt.N.M.Anice did not possess the necessary qualification for promotion to the post of Secretary. Sri.K.Sugathan Nair and Smt.K.C.Cicily, who are Accountants in the Bank were qualified for the post of Secretary but they relinquished their claim for the post of Secretary. Hence, the Board of Directors of the Bank as per Resolution No.9/239 dated 3.7.2000 resolved to make appointment to the post of Secretary by direct recruitment. The Bank approached the Registrar of Co-operative Societies (first respondent) for necessary sanction/permission for making the appointment. The application
















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