Employees who entered service prior to 1-1-1974 are entitled to have their qualifications relaxed for promotion in accordance with R.185(2) of the Kerala Co-operative Societies Rules, 1969.

1. When C.M.P. No. 24836/1987 came up for orders I heard learned Counsel appearing on either side in detail. I am disposing of the Original Petition.

2. The short question that arises for consideration is whether an employee of the Co-operative Society who entered the service prior to 1-1-1974 is entitled to claim exemption from qualification under R.185(2) of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as 'the Rules').

3. The petitioner joined the service of the 3rd respondent Co-operative Society as a Field Mac on 10-12-1970. Subsequently be was promoted as Clerk on the scale of pay of Rs. 70-5-100-5-125 with effect from 4-11-1972. With effect from 1-7-1973 he vet given a higher scale of pay of Rs.95-7-170. He was posted as Cashier-cuni-Clerk by the Managing Committee as per its Resolution No. 50 dated 13-10-1973. That posting was with effect from 1-11-1973. His educational qualification is S.S L.C. failed. He had not gone for the training course 'Junior Diploma it Co-operation' either.

4. At the time of the petitioners' appointment the 3rd respondent society was a Class-V credit society within the meaning of the Rules. Subsequently, it was upgraded to Class-1V Credit Society by order of the Joint Registrar dated 21-2-1985. Consequently it was allowed to have a staff pattern consisting of Secretary, Accountant, Senior Clerk, Junior Clerk and Attender. On account of the expiry of the term of the Elected Committee an Administrator was appointed to Barege the affairs of the Society. The petitioner submitted a representation to the Administrator praying for appointing him as an Accountant, relaxing the qualifications under R.185 (2) of the Rules. Necessary papers for the said purpose were forwarded to the Assistant Registrar of Co-operative Societies for onward transmission to the Joint Registrar. The Assistant Registrar recommended relaxation of the qualifications and forwarded the papers to the joint Registrar

5. The fourth respondent, a graduate, was appointed clerk by the 3rd respondent on 21-12-1973. While she was continuing in that post, she took'Junior Diploma in Co-operation'. Thus she became fully qualified for holding higher posts in the society. When she came to know that actions were being taken for appointing the petitioner as Accountant, by relaxation of the qualifications, she filed O. P No 7272/1985 praying for the issue of writ of mandamus directing the Joint Registrar and the Administrator to promote her as Accountant. Before this court could dispose of that O. P. the Joint Registrar by order dated 11-2-1986 approved the appointment of the petitioner as Accountant after relaxing the qualification under R.185 (2) of the Rules. Thereupon this court while disposing of O. P. 7272/1985 directed the Administrator and Joint Registrar to dispose of the representation filed by the 4th respondent. The Joint Registrar thereupon ordered stay of operation of his order and directed preparation of seniority list of the staff in the society. The seniority list, so prepared, shewed the petitioner as senior to 4th respondent. By order dated 21-4-1986 the Joint Registrar restored the earlier order granting exemption to the petitioner from qualification and consequently the petitioner's appointment as Accountant was approved. The 4th respondent took up the matter in revision before the Government. She challenged the order of the joint Registrar approving the relaxation of qualification for the promotion of the petitioner. The revision petition was heard by Secretary to Government and was disposed of by Ext. P12 order. The operative portion of that order is in the following terms:

"In the case on hand, the Bye-laws relating to the service conditions of the Oachira Service Co-operative Bank do not prescribe the qualifications for appointment to the various post in the Back. Moreover, it is seen that the post of Accountant was created in the Bank only after the Rules bad come into force. It cannot th