IMPORTANT POINTS
• The intention of the Rule makers may have been to restrict the general class as per the special category enumerated thereafter.
• When one looks very carefully at Rule 185(10) of the KCS Rules, it is obvious that the true intention was to make it applicable to all Primary Co-operative Societies/Banks, which is ineluctable-It employs the words “Societies” and “Banks” together; thus that the legislative purpose was to treat it as one composite class, not differentiated by the functionalities and nature of individual such Societies/Banks as per their definition under the KSC Act and Rules.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The petitioners, who are all employees of two Primary Agricultural Credit Societies (hereinafter referred to PACS for short), have approached this Court contending that the ratio of 1:4 prescribed by Rule 185(10) of the Kerala Co-operative Societies Rules (herein after referred to ‘the KCS Act’ for short), as per which, the vacancies to the post of Clerks in the Societies enumerated therein, for being filled up through promotion and direct recruitment, is not applicable to PACS.

2. The specific submission of Sri. P.N. Mohanan, learned counsel for the petitioners in these cases, is that since Rule 185(10) of the KCS Rules stipulates this ratio only for the purpose of appointment to the post of Clerks in “Primary Cooperative Societies/Banks” and “Primary Agricultural and Rural Development Banks” the category of PACS is expressly excluded. He, therefore, says that all the petitioners are now entitled to be promoted as Clerks without the respective Banks requiring to fill such posts as per the ratio specified in this Rule.

3. In answer to the afore assertions of Sri. P.N. Mohanan, the learned Senior Government Pleader, Sri. Bimal K. Nath, submits that what is stated in Rule 185(10) of the KCS Rules is that the post of Clerks in all Primary Co-operative Societies/Banks shall be filled up by promotion and direct recruitment in the ratio of 1:4. He says that a “Primary Cooperative Society” having been defined in Section 2 (od) of the Kerala Co-operative Societies Act (‘the KCS Act’ for short) as a Society having jurisdiction over a Revenue District as a whole or over any specified area within such Revenue District, takes in all types of such Societies notwithstanding its nomenclature or functionality; and therefore that a PACS, being a Primary Cooperative Society, will also be expressly guided and covered by Rule 185(10) of the Co-operative Societies Rules while making appointments.

4. The learned Senior Government Pleader, then submits that the argument of Sri. P.N. Mohanan that because only “Primary Agricultural Rural Development Banks” have been included in the Rule along with Primary Co-operative Societies/Banks, the PACS are excluded does not appeal to reason. He explains that Primary Agricultural Rural Development Banks have been specifically shown in the said Rule only because there is a separate statute covering them with respect to recovery proceedings applicable to them but that this is not intended to restrict it to any specific categories of “Primary Co-operative Societies/Banks” which is evident from the fact that the word “Banks” have been used along with “Societies” therein. He, therefore, prays that this writ petition be dismissed, adding that, pending one among the above writ petitions, namely W.P. (C) No. 22134 of 2018, the respondent Bank therein. The Manjoor Service Co-operative Bank Limited-has promoted the petitioners in the said writ petition illegally to the vacancies which they ought to have reported to the Examination Board, for being filled up under Rule 185(10) of the KCS Rules.

5. Though there is no appearance for the afore mentioned Manjoor Service Co-operative Bank Limited, Sri. K. Ramakirshnan appears on behalf of the Society involved in W.P. (C) No. 32645 of 2018, namely, Ambalapad Service Cooperative Bank. He affirms most of the submissions of Sri. Bimal K. Nath, learned Senior Government Pleader, adding that his client has already reported all the available vacancies to the Examination Board for being filled up under the ratio stipulated in Rule 185(10) of the KCS Rules and affirms as far as they see it, the provisions of this Rule is fully applicable to all Primary Cooperative Societies/Banks and, therefore, that they will only fill up the vacancies in the ratio prescribed therein. He concludes by saying that the selection process for appointment through direct recruitment in the services of his client has been completed and that they are awaiting the final judgment i