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2021 Supreme(Online)(KER) 42980
HIGH COURT OF KERALA
GOPINATH P, J
BABU M.T. – Appellant
Versus
THE SULTHAN BATHERY SERVICE CO-OPERATIVE BANK LTD. NO. L.L. 11, – Respondent
WP(C)/26020/2020
P.U.SHAILAJAN, SRI.V.SREEJITH (K/1398/2000), SMT.VIDYA KURIAKOSE, SRI.M.P.ASHOK KUMAR, IMAM GRIGORIUS, SMT.BINDU SREEDHAR, SHRI.ASIF N -SC
Promotion within co-operative societies must adhere to approved feeder category rules and regulations, which must be evaluated and approved by the appropriate regulatory authority.
Headnote:
Co-operative - Promotion - Kerala Co-operative Societies Act - Sections Per the existing feeder category rules, promotions in the bank must follow specified guidelines, affirming the importance of proper categorization and approval processes in employment structures within cooperative establishments.
Fact of the Case:
The petitioners are employees at the same bank seeking promotions based on their positions and existing feeder category rules. One seeks to implement current rules while the other desires alignment with a recent circular modifying the feeder categories.
Finding of the Court:
The court decided to direct the Joint Registrar of Co-operative Societies to consider and approve the revised feeder category rules submitted by the bank post-its upgradation, ensuring a fair hearing for the petitioners.
Issues: The core issue revolves around whether the existing feeder category rules adequately address promotions for the petitioners in light of organizational changes and recent regulatory guidance.
Ratio Decidendi: The court emphasized the need for the Joint Registrar’s approval of the revised feeder category rules, recognizing the procedural requirements imposed by the Co-operative Societies Act.
Final Decision: The court directed the Joint Registrar to evaluate the submitted feeder category rules and approve them within two months.
JUDGMENT
The petitioner in W.P.(C)No.14255/2020 is presently working as a Peon in the Sulthanbathery Service Co-operative Bank (the Bank). He states that, as per existing feeder category rules, the post of Junior Clerk/Junior Cashier/Typist- cum-Clerk has to be filled up by promotion from the category of Peons/Attenders provided they have necessary qualifications.
2. The petitioner in W.P.(C)No.26020/2020 is working as a Salesman in the very same Bank. It is the submission of the learned counsel for the petitioner in W.P.(C)No.26020/2020 that, going by Ext.P7 Circular issued on 25.8.1984 even the post of Salesman should be included in the feeder category for promotion to the post of Junior Clerk/Junior Cashier/Typist-cum-Clerk and states that, through Ext.P9 dated 8.7.2020, the 3rd respondent Joint Registrar of Co- operative Societies (General), Wayanad had required the Bank to modify its feeder category rules appropriately.
3. While the petitioner in W.P.(C)No.14255/2020 seeks implementation of the feeder category rules in its present form, the petitioner in W.P.(C)No.26020/2020 seeks a direction to implement the order dated 8.7.2020 (produced as Ext.P9 along with W.P.(C)No.26020/2020).
4. The learned Standing Counsel appearing for the Bank would submit that, subsequent to the issuance of Ext.P9 dated 8.7.2020, the Bank had been upgraded as a Class-I Super Grade Bank in terms of the Kerala Co-operative Societies Rules and that consequently, the revised staff pattern and feeder category rules have been prepared and submitted to the 3rd respondent Joint Registrar of Co-operative Societies (General), Wayanad for approval. The learned Standing Counsel for the Bank would also submit that vacancies presently in existence will be filled up only after the approval of the new staff pattern and the feeder category rules by the Joint Registrar of Co-operative Societies (General), Wayanad. The learned Standing Counsel for the Bank would also submit that the petitioners in both cases are not entitled to be promoted as the existing post in the category to which they seek promotion has to be filled up by promotion and direct recruitment in the ratio of 1:4 in terms of Rule 185 (10) of the Kerala Co-operative Societies Rules and that the present vacancy is the 3rd vacancy which has to be filled up by direct recruitment and not by promotion. This assertion by the learned Standing Counsel for the Bank is stoutly opposed by the learned counsel for the petitioner in W.P.(C)No.14255/2020 as well as the learned counsel for the petitioner in W.P.(C)No.26020/2020. However, in the nature of the direction that I intend to issue in these writ petitions, this question need not be adjudicated at present.
5. In the light of the submission made by the learned Standing Counsel for the Bank, I am of the opinion that these writ petitions can be disposed of directing the Joint Registrar of Co-operative Societies (General), Wayanad to consider the staff pattern and feeder category rules now stated to have been submitted by the Bank following its up-gradation, in terms of the provisions contained in the Kerala Co-operative Societies Act and applicable Rules, and to take a decision on its approval, after affording an opportunity of hearing to the petitioner in W.P.(C)No.14255/2020 and to the petitioner in W.P.(C)No.26020/2020. The needful shall be done within a period of two months from the date of receipt of a certified copy of this judgment.
The learned Standing Counsel for the Bank submits that promotions/appointments to all existing vacancies will be taken up only after the revised staff pattern and feeder category rules are finalized by the Joint Registrar of Co-operative Societies (General) Wayanad. This is recorded.
sd/-
GOPINATH P.
JUDGE acd APPENDIX OF WP(C) 14255/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE RELEVANT PORTION OF THE POSTS SANCTION ORDER OF THE JOINT REGISTRAR DATED 08-04-2014 EXHIBIT P2 A TRUE COPY OF THE FEEDER CATEGORY OF THE BANK AP
