JOSEPH MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) In W.P.(C) No.2106 of 2023, the petitioner challenges the order passed by the Secretary, Department of Co-operation, that dismissed the revision petition filed by him affirming the order passed by the Joint Registrar ordering the Society to recover an amount of Rs.2,06,937.00 from the retirement benefits of the petitioner. An order was passed dtd. 3/1/2022 against the petitioner's promotion, which was challenged by him by filing W.P. (C) No. 19979/2022, wherein, by judgment dtd. 7/7/2022, the said order was set aside and the competent authority of the Government was directed to reconsider the matter. The present impugned order is passed after the direction in the said judgment. It is stated that the petitioner entered into service as a Junior Clerk in the year 1992 and was promoted as Secretary-in-charge and was given the charge on 1/11/2012 and later, promoted as Secretary on 1/4/2014. The promotion was based on decision No.503 taken in the general body meeting of the respondent bank on 31/3/2014. The petitioner submits that though he was eligible to be appointed much earlier, it was being denied due to political reasons. Despite the petitioner being qualified, on the basis of a complaint received, dtd. 4/8/2017, before the second respondent that the petitioner did not have the requisite qualification for being promoted as Secretary and to recover the excess salary paid, the Joint Registrar passed Ext.P1 order on 30/5/2018, aggrieved by which the petitioner had preferred an appeal before the Government as Ext.P2. Through Ext.P3 order dtd. 3/1/2022, the first respondent affirmed the order of the second respondent stating that the dispute under challenge is not a service related one and can be decided by the Joint Registrar and also, held that the promotion granted is against Rule 185(5) of the Kerala Co-operative Societies Rules, 1969, ('The KCS Rules' for short). The petitioner, thus, challenges Ext.P7 and also, seeks a direction to the third respondent to release the amounts deducted from his retirement benefits.

(2.) In W.P.(C) No.14632 of 2023, the petitioner challenges Ext.P2 order passed by the first respondent, Joint Registrar, invoking Rule 176 of the KCS Rules, rescinding the resolution passed by the Managing Committee of the third respondent, which directed to promote and appoint the petitioner as a Junior Clerk. It is submitted that the first respondent had no jurisdiction at all to invoke the power under Rule 176 as the petitioner was duly qualified and was promoted and the complaint was made three years after the promotion.

(3.) In W.P.(C) No.24757 of 2023, the writ petition challenges Ext.P1 notification issued by the first respondent Society in attempting to conduct a recruitment process to the post of Secretary in blatant violation of the Kerala Co-operative Societies Act, 1969 ('The KCS Act' for short), the KCS Rules and the Circulars made therein. It is submitted that the age, qualification, remuneration and appointment have to be stated in the notification in terms of the Kerala Co-operative Societies Act and Rules and Ext.P1 paper publication inviting applications mentioned nothing of that sort. The petitioner had, accordingly, made a complaint to the functional Registrar of the first respondent- Society and since no decision was being taken on the complaint, the writ petition was filed for quashing Ext.P1 notification. The interim order passed by this Court in W.P.(C) No.24757/2023 dtd. 27/7/2023 permitting the first respondent to proceed with the selection process pursuant to Ext.P1 but directed that no appointments shall be made. The selection process is already over and the additional 4th respondent has been stated to be selected.