JOSEPHINE K J Vs. STATE OF KERALA

JUDGEMENT

(1.) EXT.P9 order passed by the President of the third respondent bank, a co-operative society registered under the Kerala Co- operative Societies Act, 1969 is under challenge in this writ petition. The brief facts of the case are as follows.

(2.) THE petitioner entered service as Appraiser/Typist in the third respondent society on 16.9.1991. She was promoted to the category of Senior Clerk by Ext.P6 order dated 1.6.2006 and her pay was also fixed in that category. In the year 2011 the Audit Wing in the office of the Joint Registrar of Co-operative Societies objected to the promotion given to the petitioner on the ground that she has not passed the Junior Diploma/Higher Diploma in Co- operation and therefore she is ineligible to be promoted. THE President of the third respondent society thereupon issued Ext.P7 notice dated 2.5.2011 calling upon the petitioner to show cause why she should not be reverted to the category of Appraiser with retrospective effect from 1.6.2006. As directed in Ext.P7 the petitioner submitted Ext.P8 reply wherein she contended inter alia that she was promoted to the category of Senior Clerk in view of Circular No.7/2003 dated 7.11.2003 issued by the Registrar of Co- operative Societies. THE President of the bank thereupon heard the petitioner in person and passed Ext.P9 order dated 14.5.2011 ordering her reversion to the category of Appraiser with effect from 1.6.2006. Hence this writ petition challenging Ext.P9 and seeking a declaration that the petitioner's promotion to the category of Senior Clerk with effect from 1.6.2006 is in order.