RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The issue in this writ petition is whether the approval of the feeder category rules is a pre-condition to effect any promotions in a society though the staff pattern already stands fixed by Rule 188 and Appendix-III of the Kerala Co-operative Societies Rules, 1969 ('the Rules' for brevity).

(2.) The facts in brief are that the third respondent-Society was established in 1993, with a skeletal staff of one Attender and an Honorary Secretary. In fact, the petitioner was appointed on 28.01.2005 as an Attender through Exhibit P4.

(3.) Later, in the course of time, with the improved performance of the Society, it was upgraded to be Class I. As a consequence, the Joint Registrar through Exhibit P6 dated 04.04.2008, sanctioned one post of Secretary. Soon thereafter, the Society promoted the petitioner through Exhibit P7 dated 08.04.2008, as Secretary, given the fact that he was working in the feeder category and that he was eligible in all respects to be promoted. In the wake of the petitioner's promotion as Secretary, the third respondent-Society sought from the Joint Registrar the approval of his promotion. It is not clear from the record whether in 2008 itself the third respondent-Society sought the approval of the petitioner's promotion.