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1984 Supreme(Ker) 159

K.BASKARAN, M.P.MENON
KRISHNANKUTTY NAIR – Appellant
Versus
JOINT REGISTRAR, CO-OP. SOCIETIES – Respondent


Judgment :-

1. The appellant-petitioner was appointed an attender in the service of the 2nd respondent. Co-operative Bank on 11-8-1972, at a time when no qualification was prescribed either for the post of attender or for that of Clerk. R.186 of the Kerala Co-operative Societies Rules, prescribing qualifications for various posts in co-operative societies, came into force on January I, 1974. The appellant-petitioner has no case that he possessed the qualifications prescribed by that rule. Subsequently, the appointment of the appellant-petitioner in the post of Attender was regularised; and as per the order dated 5-4-1983 the 2nd respondent-Bank had promoted and appointed him to the post of Clerk. By Ext. P3 order, however, his reversion from the post of Clerk for want of qualification was ordered. It is this order that was being challenged by the appellant-petitioner in the writ petition, which was dismissed by our learned brother Sivaraman Nair, J. by the judgment under appeal.

2. The counsel for the appellant-petitioner submitted that by virtue of the provisions contained in R.200 of the Co-operative Societies Rules, the appellant, who entered service before 1-1-1974 - on which da








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