K P PAULY Vs. TRICHUR DISTRICT CO OPERATIVE BANK LTD
LAWS(KER)-2003-5-13
HIGH COURT OF KERALA
Decided on May 21,2003

K.P.PAULY Appellant
VERSUS
TRICHUR DISTRICT CO-OPERATIVE BANK LIMITED Respondents

JUDGEMENT

- (1.) K. P. Pauly who was presently working as Executive Officer / Senior Manager of the Head Office, Trichur District cooperative Bank, Thrissur, filed this O.P. mainly for quashing Ext. P6 order passed by the 2nd respondent, the Registrar of Cooperative Societies rescinding the resolution of the 1st respondent, Trichur District Cooperative Bank, granting exemption to the petitioner from the minimum educational qualification for the promotion to the post of Executive Officer and also to quash R.185 and 186 of the Kerala Cooperative Societies Rules prescribing new qualifications. The petitioner entered in the service of the 1st respondent as a Clerk on 7.10.1977. He was an undergraduate, but had completed the B.Sc. Course and passed Junior Diploma in Cooperation. He was promoted as Senior Accountant and later as Branch Manager. At the time of promoting him as the Branch Manager, the 1st respondent bank resolved for granting exemption from the educational qualification and the 2nd respondent granted exemption by Ext. P1 order dt.21.2.1998. Later the 1st respondent promoted the petitioner as Executive Officer as per Ext. P2 order dt. 21.8.2001. But by Ext. P6 O.2nd respondent rescinded the above resolution. The above order is under challenge.
(2.) Heard the learned counsel for the petitioner, respondents 4 to 10 and the learned Govt. pleader.
(3.) The question for consideration was whether the 1st respondent had authority to grant exemption from educational qualification to the petitioner who was appointed subsequent to the coming into force of the Cooperative Societies Rules (for short, the Rules).;


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