SHAJITH K. Vs. E. HAMZA

JUDGEMENT

(1.) The writ petitioners who are employees of the Kozhikode District Co-operative Bank Ltd. ('the Bank' for short) staked claim for promotion to the post of branch manager by seeking relaxation from educational qualification. They did not possess the requisite qualification and hence sought relaxation under Rule 185(8) of the Kerala Co-operative Societies Rules, 1969 ('the Rules' for short). The managing committee of the Bank passed resolutions dated 17.06.2011 and 02.01.2013 in respect of petitioner Nos. 1 to 3 and petitioner No.4 respectively recommending for the relaxation. The matter was pending with the Registrar of Co-operative Societies when several vacancies to the post of branch manager arose in the Bank on 31.08.2013. The Bank thereupon promoted respondents 4 to 18 in the writ petition as branch manager to fill up the vacancies provisionally even though they were far junior to the petitioners in the feeder category.

(2.) The Registrar by Ext.P4 order dated 03.03.2014 did grant relaxation from the educational qualification on the basis of the recommendation of the managing committee though only prospectively. The said order was confirmed by Ext.P9 order dated 25.06.2015 of the Government in appeal by the petitioners which was impugned in the writ petition claiming benefit from the date of resolutions. The learned single Judge has quashed Exts.P4 and P9 orders and declared that the relaxation of educational qualification would take effect from the date of resolutions itself. Respondents 4 to 18 have filed these writ appeals contending inter alia that the benefit of relaxation of educational qualification could not have been granted with retrospective effect.

(3.) We heard Mr. P.N.Mohanan, Advocate and Mr. M.Sasindran, Advocate on behalf of the appellants and Ms.Soorya, Advocate on behalf of the contesting respondents as well as Mrs. K.R. Deepa, Senior Government Pleader.