J.Gopinathan Nair vs The Registrar Of Co-Operative ...
2023 Latest Caselaw 9644 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
    THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                 WP(C) NO. 29503 OF 2023

PETITIONER/S:

           J.GOPINATHAN NAIR, AGED 55 YEARS
           ACCOUNTANT, PANNIVIZHA SERVICE CO-OPERATIVE BANK
           LTD.NO.891, ADOOR, PANNIVIZHA P.O,
           PATHANAMTHITTA, PIN - 691527

           BY ADVS.
           P.N.MOHANAN
           C.P.SABARI
           AMRUTHA SURESH
           GILROY ROZARIO
           SUNITHA G.

RESPONDENTS :-

    1      THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
           DEPARTMENT OF CO-OPERATION,
           OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
           JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
           THIRUVANANTHAPURAM, PIN - 695014

    2      PANNIVIZHA SERVICE CO-OPERATIVE BANK LTD. NO. 891,
           REPRESENTED BY ITS SECRETARY
           PANNIVIZHA P.O, PATHANAMTHITTA, PIN - 691527



           SMT. MARY BEENA JOSEPH, SR. GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.29503 OF 2023

                                        2




                                 JUDGMENT

The petitioner states that after having joined the service of

Pannivizha Service Co-operative Bank as a peon on 23.05.2001. He is

presently working as an Accountant since 01.04.2017. In order to grant

promotion to the post of Branch Manager, the Bank is stated to have

submitted Ext.P1 seeking exemption under Rule 186 of the Kerala

Co-operative Societies Rules before the 1st respondent. It is in the

aforesaid circumstances this petition is filed seeking the following reliefs:-

"issue a writ of mandamus or any other appropriate writ order or direction directing the first respondent to consider Ext.P1 resolution of the bank in the light of Ext.P2 and P3 judgments relaxing the petitioner from acquiring the qualification of graduation for the purpose of promotion."

2. The matter is taken up for consideration, Smt. Amrutha

Suresh, the learned counsel appearing for the petitioner, submits that

directions be issued to the first respondent considering Ext.P1.

3. Having considered the facts and circumstances and the

submissions made across the bar, I am of the view that this writ petition

can be disposed of at the admission stage itself by issuing the following

directions:-

a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P1 as per procedure and in adherence to the provisions of law after WP(C) NO.29503 OF 2023

affording an opportunity of being heard, either physically or virtually, to the 2nd respondent as well as the petitioner herein.

b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

SMA WP(C) NO.29503 OF 2023

APPENDIX OF WP(C) 29503/2023

PETITIONER EXHIBITS :-

Exhibit P1 A TRUE COPY OF THE RESOLUTION NO.973 DATED 20.10.2021 ALONG WITH COVERING LETTER DATED 25.10.2021

Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 09.02.2010 IN W.P.(C) NO.1424/2010

Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 03.02.2012 IN W.P.(C).NO.30639/2011