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1993 Supreme(Ker) 10

JAGANNADHA RAO, SREEDHARAN
Skaria – Appellant
Versus
Joint Registrar – Respondent


Judgment :-

Jagannadha Rao. CJ.

This appeal is preferred against the judgment of the learned single judge in OP 3048 of 1991-K dated 17-11-1992. The writ petitioners are the appellants. They are four in number. First appellant is an Accountant and appellants 2 to 4 are now Senior Clerks.

2. In the writ petition. petitioners questioned Ext.P2 order dated 5-3-1991 passed by the Joint Registrar of Co-operative Societies. Kottayam granting permission to the second respondent-Society to amend 'Feeder Category Rules (called subsidiary regulations in Rule 185(1) of the Kerala Co-operative Societies rules) so as to enable the Society to make direct recruitment to the post of Secretary instead of filling the same by promotion.

3.. It is not in dispute that before the above said order was passed by the Joint Registrar. the appointment to the post of Secretary in the Society was by promotion and not by direct recruitment. The Society considered that so far as the posts of Chief Accountant. Assistant Secretary and Secretary. the appointment should be by direct recruitment and not by way of promotion. To that effect. the Board of Management passed a resolution on 15-1-1991 (Ext.R2 (a)) and sought







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