Kizhuvilam Serivice ... vs The Assistant Registrar ...
2021 Latest Caselaw 22620 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
     FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                         WP(C) NO. 16645 OF 2021
PETITIONER/S:

           KIZHUVILAM SERIVICE CO-OPERATIVE BANK LTD. NO. 2405
           REPRESENTED BY ITS SECRETARY - IN - CHARGE, MUDAPURAM
           P.O, CHIRAYINKEEZH, THIRUVANANTHAPURAM - 695314.

           BY ADVS.
           T.R.HARIKUMAR
           ARJUN RAGHAVAN



RESPONDENT/S:

     1     THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL)
           CHIRAYINKEEZH, THIRUVANANTHAPURAM - PIN - 695604.

     2     THE JOINT REGISTRAR OF CO-OPERATIVER SOCIETIES (GENERAL)
           THIRUVANANTHAPURAM - PIN - 695014.

     3     THE REGISTRAR OF CO-OPERATIVE SOCIETIES
           JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION THYCAUD P.O,
           THIRUVANANTHAPURAM - 695014.

     4     STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION
           DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
           -695001.


OTHER PRESENT:

           GP SRI JIMMY GEORGE




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16645 OF 2021
                                       2



                               JUDGMENT

Petitioner, a Co-operative Bank registered as a primary

agricultural co-operative society, which is classified as Class-I

Special Grade with a deposit of Rs.216 Crores and outstanding loan

of Rs.166 Crores, has approached this Court for issuance of writ in

the nature of mandamus directing the Government to consider the

application for granting exemption as per the provisions of Section

101 of the Kerala Co-operative Societies Act. As per the averment,

there are 63 sanctioned posts and only a total of just above 30

employees are working at the bank. In this background of the

matter, a decision was taken to request the Co-operative

Examination Board for inviting application for appointment to the

post of Secretary, Assistant Secretary, Chief Accountant, Branch

Manager etc. Since there were no qualified hands within the

feeder category to be promoted in the aforementioned posts, the

petitioner requested the Examination Board, on the basis of which

the Examination Board had come out with such notification. The

said notification was challenged by certain employees of the

petitioner society and was struck down by this Court vide judgment WP(C) NO. 16645 OF 2021

dated 4.4.2019, Ext.P3 and the fate of the same in appeal also

remained the same. After the decision of this Court, the Managing

Committee of the petitioner resolved to approach the 4 th

respondent, State of Kerala through the Secretary of Government

for seeking exemption under Section 101 or Rule 181 of KCS Rules

as evident from the resolution dated 24.10.2019, Ext.P4 but the

same is pending.

2. The counsel for the petitioner submits that the petitioner

would be satisfied in case the writ petition is disposed of by issuing

directions to the respondent No.4 to take a call on the request,

Ext.P5 submitted to the 4th respondent for granting exemption.

3. Government Pleader does not oppose the prayer of

disposal of the writ petition but submits that reasonable time may

be granted.

I have heard the learned counsel for the parties and appraised

the paper book. It is settled law that if the qualifying hands are not

available and the persons cannot be promoted, Co-operative

Societies Act envisage a provision of obtaining exemption from the

Government regarding the rigor of Kerala Co-operative Societies WP(C) NO. 16645 OF 2021

Act. It is in that background, the petitioner Bank had submitted a

request Ext.P5, particularly, when the judgment of this Court

interdicted the action by requesting the Examination Board for

notifying the posts without the exemption. Therefore I am of the

view that there is an impasse, which can be only addressed, in case

the direction is issued to the 4th respondent to decide the request

submitted vide Ext.P1 for grant of exemption or otherwise, in

accordance with law, after affording an opportunity of hearing

either through virtual or physical mode. Let this exercise be

undertaken within a period of two months from the date of receipt

of a certified copy of this judgment.

Sd/-

sab                                              AMIT RAWAL

                                                  JUDGE
 WP(C) NO. 16645 OF 2021


                 APPENDIX OF WP(C) 16645/2021

PETITIONER EXHIBITS

Exhibit P1            A TRUE COY OF THE LIST OF EMPLOYEES
                      WORKING IN THE PETITIONER SOCIETY AS ON
                      2019.

Exhibit P2            A TRUE COPY OF THE FEEDER CATEGORY RULES

APPROVED BY THE 2ND RESPONDENT ALONG WITH COVERING LETTER NO. C.R.P (2) 9196/12/LDIS DATED 28.11.2012.

Exhibit P3 A TRUE COPY OF JUDGMENT DATED 04.04.2019 IN WP(C) NO.2274 OF 2019.

Exhibit P4 A TRUE COPY OF THE DECISION NUMBERED AS 12, DATED 24.10.2019 TAKEN BY THE MANAGING COMMITTEE OF THE PETITIONER SOCIETY.

Exhibit P5 A TRUE COPY OF THE REQUEST DATED NIL PLACED BEFORE THE 4TH RESPONDENT ROUTED THROUGH RESPONDENTS 1 AND 2.

Exhibit P6 A TRUE COPY OF THE WORKING REPORT OF THE PETITIONER SOCIETY SUBMITTED ALONG WITH EXT -P5.