P PRAVEENCHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accountants in the service of the second respondent Co-operative Bank, the Board of which resolved to request the Government to exempt the petitioners from possessing graduation as an educational qualification. That was rejected by Ext.P7. Hence, this writ petition.

(2.) According to the petitioners, though by Exts.P4 and P5 series documents, exemption has been granted tot eh bank from the provisions of Item (u) Clause (b) of sub-rule 8 of Rule 185 and sub-rule 1 of Rule 186 of the Kerala Co-operative Societies Rules, 1969, hereinafter referred to as the "Rules", the Government adopted a pick and choose policy by limiting the benefit of Exts.P4 and P5 series, to the employee named in those orders. They accordingly contend that Ext.P7 refusing to grant exemption in exercise of authority under rule 181 is unsustainable. Having regard to the nature of the contentions, the matter was adjourned on 12-11-2007 for the department to place counter affidavit, if needed. But, that is not placed.

(3.) By Exts.P4 and P5 series of documents, the Government have, in exercise of power under Rule 181, exempted the society from the provision of Rule 185(8)(b)(u). However, the Government made that order as if that exemption is for the purpose of the beneficiaries who are named in those orders.