Back
HIGH COURT OF KERALA
P.N.RAVINDRAN, J
K SARASWATHY – Appellant
Versus
JOINT REGISTRAR OF CO-OP SOCIETIES – Respondent
WRIT PETITION (CIVIL) 30639/2011
Promotion - Employment - Kerala Co-operative Societies Rules - Rule 186 - The court ruled that the Managing Committee has the authority to determine the effective date of relaxation for educational qualifications, overriding the Registrar's prospective application.
Fact of the Case:
The petitioner, a long-serving employee of a co-operative society, was promoted to Internal Auditor despite lacking a requisite graduation degree. The Managing Committee delayed seeking necessary relaxation from the Registrar, who later limited the effective date of relaxation, prompting the challenge in court.
Finding of the Court:
The court found that the Registrar had granted the relaxation but improperly restricted its effective date, thereby siding with the established precedent that allows the Managing Committee to set the effective date of qualification relaxations.
Issues: Whether the Registrar of Co-operative Societies can stipulate that the relaxation of educational qualification for the petitioner will take effect only from the date of the order.
Ratio Decidendi: The Managing Committee is empowered by legal precedent to determine the effective date of relaxation regarding educational qualifications, and the Registrar’s imposition of a prospective effect is contrary to this authority.
Final Decision: The court declared the relaxation from educational qualifications effective from 1.8.2008, entitling the petitioner to all consequential benefits.
J U D G M E N T
The petitioner is an employee of the second respondent co-
operative society. She entered service as Junior Clerk on 15.7.1981. She was later promoted to the category of Senior Clerk and still later as Head Clerk with effect from 1.1.2002. At the time of entry in service, the petitioner possessed besides a pass in the SSLC Examination, the educational qualification of Junior Diploma in Co-operation. As per rule 186 of the Kerala Co-operative Societies Rules for promotion to the post of Internal Auditor, Branch Manager and higher posts, the educational qualification of graduation is essential. The petitioner did not however possess the education qualification of graduation. She therefore requested the Managing Committee of the second respondent society to promote her to the category of Internal Auditor after relaxing the educational qualification of graduation. The Managing Committee that met on 5.9.2008 resolved as per resolution No.636/2 to promote her as Internal Auditor with effect from 1.8.2008. The petitioner was accordingly promoted as Internal Auditor with effect from that date.
2. It appears, the Managing Committee did not immediately thereafter move the Registrar of Co-operative Societies seeking relaxation of the education qualification of graduation. More than two years thereafter, by Ext.P1 resolution dated 25.2.2011 the Managing Committee resolved to request the Registrar of Co-operative Societies to relax the educational qualification of graduation for the purpose of promoting the petitioner to the category of Internal Auditor with effect from 1.8.2008. The Managing Committee that met on 9.5.2011 resolved to submit an application in that regard to the Registrar of Co-operative Societies. Thereupon the Managing Committee submitted an application through the Secretary of the second respondent society to the Registrar of Co-operative Societies seeking relaxation of the educational qualification of graduation for the purpose of promoting the petitioner to the category of Internal Auditor with effect from 1.8.2008. The Registrar of Co- operative Societies considered the application, found that the petitioner is eligible for grant of relaxation of the educational qualification of graduation and granted the relaxation sought, by Ext.P4 order dated 14.10.2011; but directed that the relaxation will take effect only from the date of the order. In this writ petition, the petitioner challenges the stipulation in Ext.P4 order that the order of relaxation granted thereunder will take effect only from the date of the order namely, 14.10.2011.
3. Relying on Ext.P3 judgment delivered by a learned single Judge of this Court in W.P.(C) No. 29679 of 2004, the decision of a learned single Judge of this Court inDasan v. Registrar of Co-operative Societies ( 2007 (1) KLT 581 ), Ext.P6 judgment of a learned single Judge of this Court in W.P. (C) No. 1424 of 2010, Ext.P7 judgment of a Division Bench of this Court in W.A. No.361 of 2011 and Ext.P9 judgment of this Court in W.P.(C) No.15473 of 2011 it is contended that it is within the province of the Managing Committee to decide the date from which the relaxation should be granted and the Registrar of Co-operative Societies cannot therefore stipulate that the order of relaxation will take effect only prospectively.
4. The respondents have been served and they have entered appearance through counsel. I heard Sri.P.N.Mohanan, learned counsel for the petitioner, Sri.D.Somasundaram, learned Special Government Pleader for the first respondent and Sri.Harikumar, learned counsel appearing for the second respondent. I have also gone through the pleadings and the materials on record. The point raised by the petitioner that it is within the province of the Managing Committee to decide upon the date from which the relaxation should be granted has been accepted by this Court in a series of decisions evidenced by Exts.P3 to P9. Ext.P3 judgment was delivered at a time when prior approval of
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
