The court affirmed the necessity for compliance with prior administrative advisories regarding promotions under cooperative society rules.

JUDGMENT

I have heard Sri. K.T. Shyam Kumar, learned counsel for the petitioner, as well as Sri. K.Shaj, learned counsel for respondents 1 and 2.

2. It is not in dispute that the petitioner was placed as the ‘secretary-in-charge’ of the respondent bank with effect from 01.06.2019. However, the complaint in this writ petition is that inspite of the requirements under the provisions of Rule 185 of the Kerala Co-operative Societies Rules , 1969, the petitioner is being subsequently promoted to the post of secretary only with effect from 01.04.2020. According to the petitioner, since, admittedly, the date of occurrence of the vacancy was 01.06.2019, his promotion ought to have been with effect from that day.

3. The respondent bank has also produced a decision taken by the bank in the meeting held on 13.12.2023, as per which such a decision has been taken. A reading of the decision taken by the bank would also show that even though the appointment was with effect from 01.04.2020, the petitioner is stated to be eligible for the pay etc., only with effect from 01.04.2024.

4. As against the afore, this Court notices the contents of Ext.P6 communication issued by the Assistant Registrar (General), Co- operative Societies, Adoor, addressed to the respondent bank, as per which a decision has been taken to advise for the appointment of the petitioner as a secretary with effect from the date of occurrence of the vacancy. Prima facie, the decision by the bank as per Ext.R1(a) does not appear to be in tandem with the directions issued by the Assistant Registrar in Ext.P6.

5. This Court further notices the application filed by the petitioner at Ext.P10 before the 3^rd respondent herein, pointing out the afore and seeking for appointment from 01.06.2019, on the basis of the advice at Ext.P6.

In the light of the afore, this writ petition would stand disposed of, directing the 3^rd respondent to take note of Ext.P10, as also the contents of Ext.P6 letter of the 5^th respondent herein and to pass an order thereon, after hearing the petitioner also, expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment.

Sd/-

HARISANKAR V. MENON

AP

JUDGE