IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

MONDAY, THE 2^ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943 WP(C) NO. 14255 OF 2020 PETITIONER:

SREEJITH M.R.,AGED 38 YEARS,PEON, SULTHAN BATHERI SERVICE CO-

OPERATIVE BANK LTD NO. L.L 11,SULTHANBATHERI P.O, WAYANAD BY ADV P.N.MOHANAN RESPONDENTS:

1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)

OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KALPATTA, WAYANAD 673 121

2 THE MANAGING COMMITTEE OF OF SULTHANBATHERI SERVICE CO-

OPERATIVE BANK LTD NO. L.L 11, REPRESENTED BY ITS PRESIDENT, SULTHANBATHERI P.O, WAYANAD 673

592

3 SULTHANBATHERI SERVICE CO-OPERATIVE BANK LTD NO. L.L 11, REPRESENTED BY ITS SECRETARY, SULTHANBATHERI P.O WAYANAD 673

592

4 BABU M.T,SALESMAN, NEETHI MEDICAL STORE, SULTHANBATHERI SERVICE CO-OPERATIVE BANK LTD NO. L.L 11, SULTHANBATHERI P.O, WAYANAD 673 592 BY ADVS.GOVERNMENT PLEADER SRI.M.P.ASHOK KUMAR SRI.P.U.SHAILAJAN SMT.BINDU SREEDHAR SHRI.ASIF N OTHER PRESENT:

SC: ASIF N , GP IMAM GRIGORIUS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2021, ALONG WITH WP(C).26020/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

MONDAY, THE 2^ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943 WP(C) NO. 26020 OF 2020 PETITIONERS:

BABU M.T.,AGED 45 YEARS,S/O.THOMAS M.T., SALESMAN, NEETHI MEDICAL STORE, SULTHAN BATHERY SERVICE CO-OPERATIVE BANK LTD. NO.L.L.11, SULTHAN BATHERY P.O., WAYANAD DISTRICT, RESIDING AT MATTATHIL HOUSE, VALLUVADI P.O., WAYANAD DISTRICT.

BY ADVS.P.U.SHAILAJAN SRI.V.SREEJITH (K/1398/2000)

SMT.VIDYA KURIAKOSE RESPONDENTS:

1 THE SULTHAN BATHERY SERVICE CO-OPERATIVE BANK LTD. NO. L.L.

11,SULTHANBATHERY P.O., WAYANAD-673592, REPRESENTED BY ITS SECRETARY.

2 THE PRESIDENT,SULTHAN BATHERY SERVICE CO-OPERATIVE BANK LTD. NO.L.L.11, SULTHAN BATHERY P.O., WAYANAD-673592.

3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KALPETTA, WAYANAD-673121.

4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR, SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM-695014.

BY ADVS.SRI.M.P.ASHOK KUMAR BY GOVERNMENT PLEADER IMAM GRIGORIUS SMT.BINDU SREEDHAR SHRI.ASIF N -SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2021, ALONG WITH WP(C).14255/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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 3^rd 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 prepa