Varghese U.J vs State Of Kerala
2025 Latest Caselaw 2856 Ker

Kerala High Court

Varghese U.J vs State Of Kerala on 24 January, 2025

                                                   2025:KER:5874
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

        THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

   FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946

                      WP(C) NO. 23705 OF 2019

PETITIONER/S:
          VARGHESE U.J.
          AGED 52 YEARS
          S/O. JOSEPH, UTHARAPPALLY HOUSE, S.N PURAM,
          CHERTHALA P.O, ALAPPUZHA DISTRICT

          BY ADVS.
          SRI.JAIBY PAUL
          SRI.ADITHYA RAJEEV
RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-
          OPERATION (C) DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM PIN 695 001

    2     THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
          THIRUVANANTHAPURAM PIN 695 001
    3     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL)ALAPPUZHA, ALAPPUZHA DISTRICT PIN 688 001

    4     THE MUTTOM SERVICE CO-OPERATIVE BANK LTD NO. 1165,
          REPRESENTED BY ITS SECRTARY, MAIN ROAD, CHERTHALA
          P.O, ALAPPUZHA DISTRICT PIN 688 524
          BY ADV SRI.J.OM PRAKASH
OTHER PRESENT:
             SRI.E.G.GORDEN,SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.01.2025,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 23705 OF 2019           2                    2025:KER:5874

                             JUDGMENT

The petitioner was appointed as a Data Entry Operator

with the 4th respondent Co-operative Society in the year 2002. In

the year 2012, the petitioner made a request before the 4th

respondent, seeking permanent appointment pointing out that the

petitioner has already put in more than 10 years of service. The

Managing Committee of the 4th respondent, by Ext.P6 resolution

dated 11.01.2013, resolved to appoint the petitioner in a

permanent post, subject to the approval from the side of the

"Joint Registrar". The resolution at Ext.P7 is followed by the

communication at Ext.P7 dated 11.02.2013, forwarding the

resolution to the Joint Registrar. The Joint Registrar forwarded

the same for consideration by the Government. The Government

came out with Ext.P8, dated 28.03.2014, refusing to approve the

resolution, essentially with respect to the dispute as regards the

qualification of the petitioner and its equivalency for considering to

the post for permanent appointment. The petitioner challenged

Ext.P8 by filing WP(C).No.9103 of 2015 before this Court. By

Ext.P10 judgment dated 26.07.2017, a learned Single Judge of

this Court found that, the consideration made in Ext.P8 was WP(C) NO. 23705 OF 2019 3 2025:KER:5874

incorrect and arbitrary and hence, Ext.P8 was set aside, further

directing the Government to consider the issue afresh, after

considering as to whether the petitioner had undergone a valid/

proper course of study. On the basis of the directions in Ext.P10,

Ext.P12 Government Order dated 28.02.2018 is issued, approving

the resolution of the 4th respondent and exempting the 4th

respondent from the rigours of Rule 183 of the Kerala Co-

operative Societies Rules. However, Ext.P12, did not provide for

the date of coming into effect of the approval granted as above.

2. In such circumstances, the Government issued

Ext.P13 clarifying that Ext.P12 would have effect from 26.07.2017

(the date of Ext.P10 judgment of this Court).

3. The petitioner has filed the captioned writ petition

essentially challenging the date of validity prescribed by Ext.P13

as above.

4. I have heard Sri. Harikumar, the learned counsel for

the petitioner, Sri. E.G. Gorden, learned Senior Government

Pleader for the respondents 1 to 3 and Sri. J. Omprakash, learned

counsel for the respondent no.4.

5. The short issue arising for consideration in this writ WP(C) NO. 23705 OF 2019 4 2025:KER:5874

petition is as regards the limiting of date of effect of the approval

of the resolution only from 26.07.2017 in Ext.P13.

6. I notice that the 4th respondent required to make a

request for issuing exemptions with respect to the application of

the provisions of the Kerala Co-operative Societies Act, 1969 on

account of the operations of the provisions of Section 101 of the

statute. The resolution at Ext.P6 has also decided to appoint the

petitioner in the permanent post, subject to approval by the "Joint

Registrar", though, Sri. J. Omprakash, the learned counsel for the

4th respondent states that the prescription of the approval by

"Joint Registrar" was a mistake and what the 4 th respondent

intended was the approval by the "Government".

7. Even on the face of the afore submission, I notice

that the 4th respondent had already decided to appoint the

petitioner in a permanent post. The petitioner was also appointed

to the permanent post, pursuant to the resolution adopted in the

year 2013, which fact is not under dispute. On the basis of the

afore appointment to the permanent post, the resolution in Ext.P6

is to approve the same on the basis of the subsequent approval

to be granted by the Joint Registrar/Government. The Government WP(C) NO. 23705 OF 2019 5 2025:KER:5874

has thereafter, issued Ext.P8 dated 28.03.2014, considering the

issue from a different angle. The order at Ext.P8 is set aside by

this Court in Ext.P10 on 26.07.2017, which led to the issue of

Ext.P12 by the Government subsequently. It is noticing the date of

the judgment of this Court at Ext.P10 (26.07.2017) that the

Government subsequently issued Ext.P13 clarifying that Ext.P12

would have operation from 26.07.2017.

8. In my opinion, the reference to the date of Ext.P10

judgment itself shows that the Government admits that the date

of validity of the approval to the resolution of the 4th respondent is

to be with reference to an anterior date. In the case at hand, the

resolution is dated 11.01.2013. The resolution is originally

rejected on 28.03.2014, as seen from Ext.P8. In such

circumstances, the date of effect - 26.07.2017 - prescribed by

Ext.P13, in my opinion does not appear to be the correct

proposition.

9. In such circumstances, I am of the opinion that, the

date validity of the Ext.P12 ought to have been the date of

resolution, with reference to the provisions of the Kerala Co-

operative Societies Act and Rules.

WP(C) NO. 23705 OF 2019 6 2025:KER:5874

10. I also notice the judgment of this Court in

K.K.Dasan v. Registrar of Cooperative Societies and

Another (2007 (1) KLT 581), with reference to the provisions

of Rule 185 of the Kerala Co-operative Societies Rules, wherein

this Court has already held that, with respect to the relaxations on

account of promotions etc., the effective date will be the date of

the resolution being adopted by the Board of Directors.

11. In the result, I am of the opinion that the petitioner is

entitled to succeed.

Therefore, this writ petition would stand allowed by

declaring that, the validity of Ext.P12 Government Order would be

from the date of Ext.P6. Needless to say, on the basis of the afore

declaration, the petitioner is to be extended the permanent

appointment as resolved in Ext.P6, with all consequential benefits.

Sd/-

                                           HARISANKAR V. MENON
                                                   JUDGE
 ANS
 WP(C) NO. 23705 OF 2019         7                 2025:KER:5874

                   APPENDIX OF WP(C) 23705/2019

PETITIONER EXHIBITS

EXHIBIT P1        A    TRUE    COPY    OF   THE    ORDER   CRP

(1)/7054/11/11/K.DIS DATED 09-12-2011 OF THE 3RD RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE PROCEEDING NO. CRP(1) 4696/2012/K.DIS DATED 16-07-2012 OF THE 3RD RESPONDENT ALONG WITH FEEDER CATEGORY REGULATIONS

EXHIBIT P3 A TRUE COPY OF THE RESOLUTION NO. 242 DATED 07-11-2002 OF THE BOARD OF DIRECTORS OF THE 4TH RESPONDENT SOCIETY

EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE ISSUED ON 07- 02-1990, BY THE NATIONAL ACADEMY OF COMPUTER EDUCATION

EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE ISSUED ON 15- 01-1992, BY THE NATIONAL ACADEMY OF COMPUTER EDUCATION

EXHIBIT P6 A TRUE COPY OF THE RESOLUTION NO. 383 DATED 11-01-2013 OF THE BOARD OF DIRECTORS OF THE 4TH RESPONDENT SOCIETY

EXHIBIT P7 A TRUE COPY OF THE FORWARDING LETTER SUBMITTED BEFORE THE 3RD RESPONDENT DATED 11- 02-2013.

EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION SENT BY THE 1ST RESPONENT TO THE 2ND RESPONDENT DATED 28.03.2014

EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION DATED 24-06- 2014 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT

EXHIBIT P10 A TRUE COPY OF THE JUDGMENT DATED 26-07-2017 IN WP(C) NO. 9103 OF 2015 WP(C) NO. 23705 OF 2019 8 2025:KER:5874

EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED NIL

EXHIBIT P12 A TRUE COPY OF THE G.O(P) NO. 21/2018/CO-OP DATED 28-2-2018

EXHIBIT P13 A TRUE COPY OF THE G.O(P) NO. 406/2018/CO-OP DATED 05-07-2018

RESPONDENT EXHIBITS

Exhibit R4(a) A TRUE COPY OF THE PROCEEDINGS OF THE REGISTRAR OF CO OPERATIVE SOCIETIES KERALA NO. EM(2)30932/2017 DATED 09.08.2017

Exhibit R4(b) A TRUE COPY OF ORDER NO. E.M. (2) S22/2022 DATED 14.02.2022 ISSUED BY THE REGISTRAR OF CO OPERATIVE SOCIETIES KERALA

Exhibit R4(c) A TRUE COPY OF THE RELEVANT PORTLON OF THE AUDIT CERTIFICATE NO. 29/2023-24 DATED 25.10.2023 0SSUED BY THE CO-OPERATIVE AUDIT JOINT DIRECTOR, ALAPPUZHA IN RESPECT OF YEAR 2023-24 OF THE 4TH RESPONDENT BANK

Exhibit R4(d) A TRUE COPY OF THE RELEVANT PORTION OF THE AUDIT CERTIFICATE NO. B/2024-25 DATED 15.10.2024 ISSUED BY THE CO OPERATIVE AUDIT JOINT DIRECTOR, ALAPPUZHA IN RESPECT OF YEAR 2024-25 OF THE 4TH RESPONDENT BANK