M M RAJAPPAN Vs. R VASUDEVAN NAIR

JUDGEMENT

(1.) THE question that has come up for consideration in this case is whether R.200 of the Kerala Cooperative 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-s. (3A) of S.80 of the Kerala Cooperative Societies Act and sub-r. (4) of R.185 read with sub-r. (1B) of R.186(1) of the Kerala Cooperative Societies Rules. Learned Single Judge took the view that the R.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 Cooperative Societies to accord sanction for appointment as General Manager.

(2.) WRIT Petitioner entered service of the Idukki District Cooperative Bank prior to 1.1.1974 and is now working as Senior Deputy Manager of the Bank. He had B.Com. with Cooperation which was sufficient qualification for promotion to the post of General Manager prior to the coming into force of R.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 Cooperative 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 Cooperative Societies. Resolution was forwarded by letter dated 30.11.2000 to the Registrar of Cooperative Societies which stated that as per R.200 of the Cooperative 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.) LEARNED Single Judge took the view that even though R.185 and 186 were amended, R.200 stipulated that the amended rules should not be interpreted as disqualification for promotion to any higher post or posts to the employees in service of a cooperative society as on the first January 1974 provided they possessed the qualification if any prescribed in the bye laws or other service regulations of such society. Learned Judge held that inspite of amendment of R.185 and 186 prescribing the avenues and qualification for promotion to different posts, if the person who is in service on or before 1.1.1974 is possessed of the qualification prescribed in the bye laws or other service regulations of the cooperative societies, his promotion to the higher post cannot be denied by contending that he is not possessed of higher qualification prescribed by subsequent amendment of rules or the avenue for promotion to a particular post is taken away by the subsequent amendment of the Rules. Learned Judge therefore quashed Ext. P4 order of the Registrar declining approval to the appointment of the Writ Petitioner. Aggrieved by the same, this Writ Appeal has been preferred by the sixth respondent in the Writ Petition.