1. The petitioner is a registered Co - operative Society under the provisions of the Kerala Co - operative Societies Act, 1969 (hereinafter referred to as the 'Act' for short). The petitioner Society is classified as Class I Super Grade Bank as per S.80 of the Act read with R.182 of the Kerala Co - operative Societies Rules. The Joint Registrar of Co - operative Societies, Kozhikode has issued order sanctioning the staff pattern in the Society and all total 62 posts of employees were sanctioned.

2. The petitioner had framed the Rules as stipulated in R.185(1) of the Kerala Co - operative Societies Rules. The said feeder category rules were approved by the Joint Registrar vide the order dated 30.01.2019. Thus, the appointment and promotion of the employees in the petitioner Society are to be governed as per the approved Rules.

3. The petitioner had filed this writ petition impugning the audit objections in Exhibits P - 3 and P - 4 for the years 2021-22 and 2022-23. The audit objections are in respect of the promotion of the part - time Sweepers to the post of Peon and Watchman. The audit objection was that the part - time Sweepers cannot be included in the feeder category for promotion to the post of Peon and Watchman as they would lack the essential educational qualification. The relevant Circular later got amended and the part - time Sweepers who have the requisite qualification could be included in the feeder category for promotion.

4. Considering the aforesaid fact, this Court directed the petitioner vide the order dated 08.01.2025 to file affidavit disclosing the educational testimonials of the part - time Sweepers who got promoted to the post of Peon and Watchman. In compliance of the said direction, the petitioner had filed affidavit of the General Manager disclosing the qualification of three part - time Sweepers who have been promoted namely; Smt. Sarala P. K., Smt. Sunila K. T. K. and Smt. Radhika V. in paragraph No. 4 of the affidavit, which would read as under;
“4. Obeying the direction thus issued, petitioner submits that
i. Smt. Sarala P. K, pat time sweeper promoted to the post of peon as per resolution No. 20 dated 23.2.2019 w.e.f. 1.3.2019 is possessing qualification of Pass in S.S.L.C, true copy of the S.S.L.C certificate and mark sheet vide Register No. 346605, March 1991 is produced and marked as Exhibit P8.
ii. Sunila K. T. K, part time sweeper promoted to the post of night watchman as per resolution No. 20 dated 23.2.2019 w.e.f. 1.3.2019 possessed the qualification of S.S.L.C and Pre - degree, true photocopy of the S.S.L.C certificate and mark sheet vide Register No. 225399, March, 1999 and Pre - degree certificate vide No. 20641 April, 2001 respectively is produced and marked as Exhibit P9.
iii. Radhika. V, part time sweeper promoted to the post of sweeper as per resolution No.XV(4) dated 27.4.20 w.e.f 1.9.20 possessed the qualification of S.S.L.C and Pre - degree, true photocopy of the S.S.L.C certificate Register No. 109848 March, 1994 and Pre - degree certificate Register No. 46646 April, 1996 respectively is produced and marked as Exhibit P10.”

5. Considering the aforesaid facts about the qualifications of the three part - time Sweepers who have been promoted, I am of the view that the audit objection regarding their promotion is not justified inasmuch as the said part - time Sweepers are eligible for promotion and could have been included in the feeder category. Therefore, their promotion is not an infringement of the relevant Circular or the statutory Rules or the Rules famed by the Society which got approved. Thus, I find substance in this writ petition and hence, the writ petition is hereby allowed. The impugned orders in Exhibits P - 3, P - 4 and P - 6 are hereby set aside.