GURUPADAPPA Vs. DEPUTY REGISTRAR OF CO OP SOCIETIES

JUDGEMENT

(1.) In this writ petition, notice was issued regarding issue of rule. The respondents though served, have remained unrepresented. The petition has come up in "B" Group for preliminary hearing.

(2.) The learned counsel for the petitioner was heard. The writ petitioner is an employee of the 3rd respondent-Bellary Co-operative City Bank Limited, a Co-operative Society duly incorporated under the Karnataka Co-operative Societies Act (hereinafter referred to as the Act.) He entered the services of the said society as a bill collector in the year 1961. By dint of hard work, he was promoted to the post of clerk in the year 1966. He was also later on deputed to undergo Co-operative Training at the cost of the 3rd respondent-Society. He passed the said course in II class. On 19th March, 1976 the Society by its order promoted the petitioner as an accountant of the Bank in the pay scale of Rs. 150-8-190-EB-10-320 with admissible dearness allowance and other allowances, adding two additional increments. On 10-1-1979 newly three years after the promotion of the petitioner as accounts clerk, the Assistant Register of Co-operative Societies, Bellary, in the course of his visit to the 3rd respondent-Bank, found that the appointment of the petitioner was in contravention of Rule 17B of the Karnataka Co-operative Societies Rules, 1960, (hereinafter referred to as the Rules) framed under the Act. Rule 17B of the Rules prescribes certain qualifications for accountants, clerks, ledger-keepers, sales clerks and ahroffs. The minimum qualifications required are S.S.L.C. and a pass in the examination in book-keeping, Banking co-operation and Auditing held by the Government or examinations conducted by the Regional Co-operative Schools. The Petitioner lacks qualification in so far as it requires a Secondary School Leaving Certificate and in other matters he is adequately qualified having obtained a diploma in Co-operative Management and Administration, Co-operative laws and other laws, in Book Keeping Accountancy, Auditing and Banking in the examinations held during the 12th session between 2-3-1970 and 22-6-1970.

(3.) Thereafter the Deputy Registrar of Co-operative Societies by his letter dated 12-2-1979 drew the attention of the Administrator who by then had taken over the management of the 3rd respondent-Bank and required him to act, on the letter of the Assistant Registrar addressed to the Administrator dated 30-1-1978. Accordingly, the Administrator by his proceedings dated 14th February, 1979, reverted the petitioner from the post of Accountant, as he lacked one of the qualifications prescribed by Rule 17B of the Rules. Aggrieved by the said order, the petitioner has asked this Court to quest Exts. C, D and E which are, the communication of the Assistant Registrar, the direction of the Deputy Registrar dated 12-2-1979 and the final proceedings of the 3rd respondent-Administrator. It is not possible to quesh Exts. C and D inasmuch as they are directions issued in the nature of correspondences and are not statutory orders.