JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES Vs. JAYAKUMAR

JUDGEMENT

(1.) This intra-court appeal is filed by respondents 1,2 and 5 in W.P. (C)No.31152/2022, challenging the judgment dtd. 11/11/2022, passed by the learned Single Judge allowing the writ petition filed by the first respondent herein.

(2.) The first respondent herein/writ petitioner claims to be the former Secretary of the 3rd respondent Society. He was appointed as Salesman on 5/2/1990 and was promoted as Junior Clerk, Senior Clerk, Accountant and as Secretary with effect from 1/11/2017. Initially, consequent to the arising of a vacancy in the post of Secretary on 1/8/2014, the first respondent was appointed as Secretary-in-charge. Thereafter, the 2nd respondent as per Resolution No.999 dtd. 6/2/2018 promoted the first respondent as Secretary with effect from 1/11/2017. Consequently, the managing committee also took a decision to create a supernumerary post of Internal Auditor by resolution No. 1000, dtd. 6/2/2018. The first respondent had acquired the necessary qualification as per Rule 186 of the Kerala Co-operative Societies Rules (hereinafter referred to as 'the Rules' for short) for promotion to the post of Secretary. Thereafter, the resolutions were forwarded by the Society to the Assistant Registrar of Co-operative Societies, as per Ext.P2. The Managing Committee also as per Ext.P3 resolution No.1085 dtd. 3/3/2018 decided to request the Joint Registrar to approve the creation of a supernumerary post of Internal Auditor and obtain approval for the promotion to the post of Secretary with effect from 1/11/2017. But the Joint Secretary issued Ext.P10 proceedings dtd. 30/8/2019 stating that the resolution of the Society, promoting the first respondent to the post of Secretary cannot be approved. The same was challenged by the first respondent before the 3rd appellant, by filing Ext.P11 appeal dtd. 23/3/2022. But the

(3.) rd appellant rejected the appeal upholding Ext.P10, as per Ext.P12 order. It is hence, challenging Exts.P10 and P12, the first respondent filed the afore writ petition. 3. The learned Single Judge by judgment 11/11/2022, after hearing both sides and considering the materials on record, allowed the writ petition and set aside Exts.P10 and P12.