DILIP Vs. VARAPUZHA SERVICE CO-OPERATIVE BANK

JUDGEMENT

(1.) The second respondent was appointed in the service of the first respondent with the aid of Ext. P1 Government Order, by which, in purported exercise of authority under R.181 of the Kerala Cooperative Societies Rules, 1969, hereinafter referred to as the "Rules", the Government exempted the first respondent cooperative bank from the provisions of item (ii) of sub-rule (1) of R.186 of those Rules for the limited purpose of enabling that bank to appoint the second respondent as Junior Clerk in its service subject to the condition that he shall successfully complete the JDC course within a period of two years from the date of joining duty. According to respondents 1 and 2, there was no available slot in the institution running the course, for the second respondent to acquire the JDC qualification within that period of two years. Accordingly, Ext. P2 was issued by the third respondent exercising the powers of the Registrar enlarging the time granted in Ext. P1 Government Order for the second respondent to acquire the JDC qualification. He, thereafter, acquired that qualification.

(2.) After the appointment of the second respondent on 01/09/1986 as Junior Clerk on compassionate grounds, the petitioner, who was in the lower cadre, was promoted as Junior Clerk on 01/10/1986. Obviously and indisputably, he possessed the qualification of JDC even before the date of such promotion.

(3.) The writ petition in hand raises the question as to whether the second respondent could be treated as senior to the petitioner in and from the category of Junior Clerks.