VINOD KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are employees of Primary Agricultural Credit Societies, hereinafter, PAC societies, which are members of a District Co-operative Bank. They plead that they are eligible for being considered for recruitment under 50% quota reserved for appointment of such persons under Rule 187 of the Kerala Co-operative Societies Rules, 1969, hereinafter, the Rules . They seek a direction that the benefit of that Rule be confined only to employees of the PAC societies and Urban Co-operative Banks, hereinafter, UCBs , which are members of the apex/central society and a direction to the second respondent Kerala Public Service Commission not to permit the employees of co-operative societies which are neither PAC societies nor UCBs affiliated to a District Co-operative Bank as members, to participate in the selection process for the quota earmarked for employees of member societies.

(2.) The plea of the petitioners is based on the fact that as per the Kerala Co-operative Societies (Amendment) Ordinance, 2007, viz., Ordinance 62/07 promulgated by the Governor of Kerala, the definition of the term District Co-operative Bank in the Kerala Co-operative Societies Act, 1969, hereinafter, the Act , stands amended. The said amendment was subject matter of a bunch of matters that led to the judgment in Philip v. State of Kerala,2008 2 KLT 555, by which, it was held that PAC societies and UCBs are the only societies which will be members of District Co-operative Banks. Accordingly, it is argued that the other societies are not member societies and hence, the employees of such societies are disentitled to be recruited with the aid of the reservation of vacancies in terms of Rule 187 of the Rules.

(3.) The net effect of Ordinance 62/07 is that the PAC Societies and UCBs became the only members in a District Co-operative Bank with share in assets and profits and with right to vote, while any Co-operative Society, which is not a PAC Society or a UCB may become a nominal or associate member of a District Co-operative Bank. Only PAC Societies and UCBs would have the entitlement to any share in the assets or profits and to be elected to the committee of the District Co-operative Bank. Section 18(2) of the Act provides that a nominal or associate member shall not have entitlement.