SKARIA Vs. JOINT REGISTRAR

JUDGEMENT

(1.) This appeal is preferred against the judgment of the learned single Judge in OP 3048 of 1991-K dated 17-11-1992. The writ petitioners are the appellants. They are four in number. First appellant is an Accountant and appellants 2 to 4 are now Senior Clerks.

(2.) In the writ petition, petitioners questioned Ext. P2 order dated 5-3-1991 passed by the Joint Registrar of Cooperative Societies, Kottayam granting permission to the second respondent Society to amend Feeder Category Rules (called subsidiary regulations in R.185(1) of the Kerala Cooperative Societies Rules) so as to enable the Society to make direct recruitment to the post of Secretary instead of filling the same by promotion.

(3.) It is not in dispute that before the above said order was passed by the Joint Registrar, the appointment to the post of Secretary in the Society was by promotion and not by direct recruitment. The Society considered that so far as the posts of Chief Accountant, Assistant Secretary and Secretary, the appointment should be by direct recruitment and not by way of promotion. To that effect, the Board of Management pass a resolution on 15-1-1991 (Ext.R2(a)) and sought the permission of the Joint Registrar of Cooperative Societies. The Joint Registrar took a lenient view in the matter and approved only the amendment of the Feeder Category Rules in relation to appointment of Secretary by direct recruitment. He did not approve appointments to the posts of Chief Accountant and Assistant Secretary by direct recruitment. In otherwords, while the request was to permit direct recruitment for three categories of superior posts and the Joint Registrar approved direct recruitment only for one of the posts.