Anil K. Narendran, J.

1. This Writ Appeal is filed by the 1st respondent in W.P.(C) No.24513/2011. The said Writ Petition has been filed by the 1st respondent herein (hereinafter referred to as the respondent-Bank only) seeking a writ of certiorari to call for the records leading to Exhibit P3 award of the Co-operative Arbitration Court and Exhibit P4 common judgment of the Kerala Co-operative Tribunal and for a declaration that the appellant is not liable to be appointed to the post of Appraiser in the respondent-Bank.

2. The respondent-Bank is a Primary Agricultural Credit Co-operative Service Bank carrying on its activities in accordance with the provisions of the Kerala Co-operative Societies Act, 1969 and the Rules made thereunder. As part of its business activities, the respondent-Bank which has been classified as Class II Primary Agricultural Credit Co-operative Bank advances gold loans. The Joint Registrar of Co-operative Societies vide Exhibit P2 order granted approval for creation of one post of Appraiser in the respondent-Bank and included the said post in the Feeder Category Rules of Bank.

3. On 29.01.1996, the appellant entered service of the respondent-Bank as Peon on a consolidated pay of Rs.500/-per month. As borne out from Exhibit P1 service book, his educational qualification is a pass in 8th standard. On 29.05.1999, vide Exhibit R1(a) order, he was transferred to Neethi Store run by the respondent-Bank in its Head Office building and given the additional duty of Appraiser. Later, he was promoted as Attender vide Exhibit R1(b) order with effect from 01/02/2003. While continuing as such, the appellant was attempted to be transferred to Neethi Store at Mudavanmugal, vide Exhibit R1(c) circular, which proposal for transfer was later cancelled based on Exhibit R1(d) request made by him.

4. The appellant has approached the Co-operative Arbitration Court in ARC No.21/2008 seeking an award declaring that he is entitled to be promoted to the post of Appraiser in the respondent-Bank and also for other consequential reliefs. The appellant contended that, the posts of Junior Clerk and Appraiser are different in the matter of appointment and nature of work. Going by the Feeder Category Rules of the respondent- Bank, an Attender with three years' continuous service is eligible to be promoted to the post of Appraiser without insisting the qualification of SSLC and JDC. The Co-operative Arbitration Court vide Exhibit P3 Award rejected the contention of the respondent-Bank that for the post of Appraiser, a candidate should have passed SSLC and JDC. Taking note of the fact that the appellant was given additional duty of Appraiser from 29/05/1999 onwards and that the respondent-Bank is in need of an Appraiser, the Co-operative Arbitration Court vide Exhibit P3 Award directed the Bank to promote the appellant to the post of Appraiser from the post of Attender with immediate effect. Aggrieved by the said Award, the respondent-Bank filed Appeal No.47/2010 before the Kerala Co-operative Tribunal. One Subramaniadas, who is a member of the respondent-Bank, filed Appeal No.50/2010 challenging Exhibit P3 award. By Exhibit P4 common judgment, the Kerala Co-operative Tribunal dismissed both the appeals confirming Exhibit P3 Award passed by the Cooperative Arbitration Court. It was aggrieved by Exhibit P3 award and Exhibit P4 judgment, the respondent-Bank approached this Court in W.P.(C)No.24513/2011.

5. The appellant filed counter affidavit contending, inter alia, that going by Exhibit R1(e) order of the Joint Registrar of Co-operative Societies (same as Exhibit P2 in the writ petition), an employee holding the post of Attender with a continuous service of three years is eligible for promotion to the post of Appraiser without insisting on the qualification of SSLC and JDC. As borne out from Exhibit R1(f) certificate, the appellant has also undergone Appraiser training at the Agricultural Co-operative Staff Training Institute,