K.V. Chandran vs Wayanad Primary Co-Operative ...
2023 Latest Caselaw 3397 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE SATHISH NINAN
  FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                       WP(C) NO. 4624 OF 2018




PETITIONER:

              K.V. CHANDRAN, CASHIER (NOW DEMOTED AS PEON),
              WAYANAD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL
              DEVELOPMENT BANK LTD NO.LL 230,
              PANAMARAM P.O., WAYANAD- 670 721.
              BY ADVS.
              SRI.T.B.HOOD
              SRI.AMAL KASHA
              SMT.M.ISHA




RESPONDENTS:

   1      WAYANAD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL
          DEVELOPMENT BANK LTD. NO.LL.230,
          REPRESENTED BY ITS SECRETARY, PANAMARAM P.O.,
          WAYANAD- 670 721
   2      JOINT DIRECTOR OF CO-OPERATIVE SOCIETIES
          (GENERAL), KALPETTA, WAYANAD- 673 121
   3      JOINT DIRECTOR OF CO-OEPRATIVE AUDIT,
          KALPETTA, WAYANAD- 673 121
   4      ASSISTANT DIRECTOR OF CO-OPERATIVE AUDIT
          MANATHAVADY, WAYANAND- 670 645.

         R2 TO R4 BY GOVERNMENT PLEADER SRI. V.S. SREEJITH,
         R1 BY SRI.P.C.SASIDHARAN.


       THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                     Sathish Ninan, J.
            ==============================
                 WP(C) No.4624 of 2018
              ==========================
        Dated this the 24th day of March, 2023

                          JUDGMENT

The petitioner while working as a "Peon" in the

first respondent Society, was promoted as "Cashier" on

01-09-2011. The petitioner is now served with Ext.P11

communication demoting him to the post of "Peon". The

decision of the first respondent Society in the said

regard is based on the audit objections (Exts.P9 and

P10). The objection raised is that, for promotion to the

post of Cashier, Junior Diploma in Co-operation (for

short 'JDC') is an essential qualification and that the

petitioner did not possess the same. The order of

demotion and the audit reports to the above extent are

under challenge in this writ petition. WP(C) No.4624 of 2018

2. Heard the learned counsel Sri.T.B.Hood for the

petitioner, Sri.P.C.Sasidharan, the learned Standing

counsel for the first respondent, and Sri.V.S.Sreejith,

the learned Government Pleader for respondent 2 to 4.

3. Ext.P4 is the Special rules which governed the

Society at the relevant time. Ext.P4 was duly approved

under Ext.P5. As per Ext.P4 Special rules, the

qualification for promotion as 'Cashier' from the post

of 'Peon' reads thus: "S.S.L.C or equivalent qualification". It

is not in dispute that the petitioner did possess the

qualification as prescribed under Ext.P4 while he was

promoted. Subsequently, in the year 2013, under Ext.P7,

the Special Rules were amended incorporating JDC as a

mandatory qualification. However, that cannot affect the

petitioner who was promoted much earlier as per the then

prevailing special rules. The audit objection and the

decision of the first respondent Society on the premise

that the petitioner did not possess the necessary

qualification, is not correct and thus liable to be

interfered with.

WP(C) No.4624 of 2018

4. Learned counsel for the petitioner further

submits that, the petitioner has since secured JDC in

April, 2021.

In the light of the facts as above, the 2nd

respondent shall consider the issue afresh and pass

fresh orders. The petitioner shall be afforded an

opportunity of hearing before orders are passed. Let the

same be done within a period of two months from the date

of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- Sathish Ninan, Judge

amk APPENDIX OF WP(C) 4624/2018

PETITIONER'S EXHIBITS :

EXHIBITP1 TRUE COPY OF THE PROCEEDINGS DATED 21-05-2009 ISSUED BY THE PRESIDENT OF THE 1ST RESPONDENT BANK

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 12-06-2010 ISSUED BY THE PRESIDENT OF THE 1ST RESPONDENT BANK

EXHIBITP3 TRUE COPY OF THE PROCEEDINGS DATED 01-09-2011 ISSUED BY THE PRESIDENT OF THE 1ST RESPONDENT BANK

EXHIBITP4 TRUE COPY OF THE EMPLOYEES FEEDER CATEGORY RULES APPROVED BY THE 2ND RESPONDENT

EXHIBITP5 TRUE COPY OF THE COMMUNICATION DATED 30-05-2006 SENT BY THE 2ND RESPONDENT APPROVING EXT.P4 EMPLOYEES FEEDER CATEGORY RULES

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 30-08-2013 ISSUED BY THE 2ND RESPONDENT IS PRODUCED

EXHIBIT P7 TRUE COPY OF THE FEEDER CATEGORY RULES FRAMED BY THE MANAGING COMMITTEE OF THE 1ST RESPONDENT BANK IN ITS MEETING HELD ON 08-11-2013

EXHIBITP8 TRUE COPY OF THE COMMUNICATION DATED 31-12-2013 SENT BY 2ND RESPONDENT APPROVING EXT.P7 FEEDER CATEGORY RULES

EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE AUDIT REPORT OF THE 1ST RESPONDENT BANK FOR THE YEAR 2015-2016

EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF THE AUDIT REPORT OF THE 1ST RESPONDENT BANK FOR THE YEAR 2016-17

EXHIBIT P11 TRUE COPY OF THE NOTICE DATED 23-12-2017 ISSUED BY THE 1ST RESPONDENT BANK TO THE PETITIONER

EXHIBIT P12 TRUE COPY OF THE REPLY DATED 10-01-2018 GIVEN BY THE PETITIONER EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED 13-01-2018 ISSUED BY 1ST RESPONDENT BANK TO THE PETITIONER