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2015 Supreme(Ker) 646

DAMA SESHADRI NAIDU
C. R. AJAYAKUMAR, SENIOR CLERK – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: SRI. K. RAMAKUMAR (SR.), SRI. S.M. PRASANTH, SMT. ASHABABU, SRI. M. MANOJKUMAR (CHELAKKADAN), SMT. AMMU CHARLES
For the Respondents: SRI. V.G. ARUN, SRI. T.R. HARIKUMAR, SRI. DEVANRAMACHANDRAN, SRI. K.M. ANEESH, SRI. K. SANTHOSH KUMAR (KALIYANAM), SRI. ADARSH KUMAR, GOVERNMENT PLEADER SRI. SHYSON P. MANGUZHA

JUDGMENT :

The petitioner, having joined the fourth respondent Society on 27.12.1993 as a Bill Collector, is presently working as a Senior Clerk. He is said to possess graduation degree, apart from Higher Diploma in Co-operative Management.

2. When the vacancy in the post of Internal Auditor arose, as the Society could not find any candidate eligible from the feeder category, i.e. Accountant/Head Clerk, for none of the employees in the said category possessed graduation, it invoked Rule 185(8)(b) of the Kerala Co-operative Societies Rules (the 'Rules' for brevity) and applied to the second respondent for exemption of the basic qualification to the employees in the feeder category. At this juncture, the petitioner filed Exhibit P1 application before the Government and Exhibit P2 before the Joint Registrar ventilating his grievance that the respondent Society, instead of seeking exemption from the employees in the feeder category, ought to have considered his case, because he possessed all the necessary qualifications, apart from having been placed in the category immediately below the feeder category, in terms of Rule 185(1) second proviso. When neither the Government, nor the third r































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