INDU S. Vs. STATE OF KERALA

JUDGEMENT

(1.) In the matter of appointment to Apex or Central Societies under Rule 187 of the Co-operative Societies Rules, as it stood prior to the amendment dated 26.11.2014, should the eligibility criteria of being an employee of a member society, continue till the date of appointment or is it sufficient if the criteria is satisfied as on the date of application? Taking note of the view expressed by a learned single Judge in W.P.(C) No.23600/2012 at variance with a Division Bench of this court in Shibi M.V. Vs. State of Kerala and Others, 2011 (1) KLT 873 : 2011 (2) KLJ 275 : 2011 ICO 151, these writ petitions are placed before us on reference. For the sake of convenience, we shall refer to the Exhibits as produced in W.P.(C) No. 17393/2015.

(2.) As per Ext,P2 notification dated 14,12,2009 of applications were invited for appointment to the post of Branch Manager in respect of 50% of the vacancies from employees of the member societies, in terms of Rule 187 of the Rules. Rule 187 as it stood prior to the amendment effected on 26.11.2014 reads thus:

(3.) A learned single Judge of this Court in Shibi M. V. Vs. State of Kerala and Others, 2010 (3) KLT 662 : 2010 ICO 1104 interpreting Rule 187 as it stood prior to amendment, held that the Rule postulates that the candidate should be an employee of a member society not only on the date of submission of the application but the said status should continue even as on the date of appointment. The said judgment was affirmed by a Division Bench in 2011 (1) KLT 873 : 2011 (2) KLJ 275 : 2011 ICO 151. It was held thus: