M M RAJAPPAN Vs. R VASUDEVAN NAIR

JUDGEMENT

(1.) The question that has come up for consideration in this case is whether Rule 200 of the Kerala Co-operative Societies Rules, 1969 would save the right of the writ petitioner who had entered service prior to 1.1.1974 for promotion to the post of General Manager de hors sub-section (3A) of Section 80 of the Kerala Co-operative societies Act and Sub-rule (4) of Rule 185 read with sub-rule (1B) of Rule 186(1) of the Kerala Co-operative Societies Rules. Learned single judge took the view that the Rule 200 would still save the petitioner and allowed the writ petition and quashed Ext. P4 letter dated 31.3.2001 of the Joint Registrar and directed the Registrar of Co-operative Societies to accord sanction for appointment as General Manager.

(2.) Writ petitioner entered service of the Idukki District Co-operative Bank prior to 1.1.1974 and is now working as Senior Deputy General Manager of the Bank. He had B.com with Co-operation which was sufficient qualification for promotion to the post of General Manager prior to the coming into force of Rule 185 of the Rules. As per Clause 33(iii) of the bye-laws of the Bank post of General Manager could be filled up by promotion with the prior approval of the Registrar of Co-operative Societies. The Bank however passed a resolution dated 29.11.2000 resolving to promote the petitioner as General Manager and sought approval of the Registrar of Co-operative Societies. Resolution was forwarded by letter dated 30.11.2000 to the Registrar of Co-operative Societies which stated that as per Rule 200 of the Co-operative Societies Rules writ petitioner is eligible for promotion to the post of General Manager though entered service prior to 1.1.1974. Writ petitioner was then posted as General Manager on 1.1.2001.

(3.) Registrar of co-operative Societies by letter dated 31.3.2001 however refused approval stating that as per G.O. (P) No. 68/99/Co-op. dated 19.4.1999 substantive vacancies in the post of General Manager of District Co-operative Bank be filled up only by direct recruitment. It was also stated that retrospective effect was not given to the said order nor would the incumbent get protection under Rule 200 of the Kerala Co-operative Societies Rules. Aggrieved by the refusal of the Registrar of Co-operative Societies to approve the appointment, writ petition was preferred.