The petitioner is an Assistant Secretary of the fourth respondent Bank and she is now officiating as a Secretary in charge. As per a resolution, produced as Ext.P1, the Managing Committee had resolved to exempt the petitioner from the academic qualification of graduation, for promotion to the post of Secretary, as provided under Rule 185(8)(b) of the Kerala Co-operative Societies Rules, 1969. The resolution was forwarded to the department which stood rejected as per Ext.P7. This Court has time and again held that if a valid resolution was passed by the Managing Committee of a society, resolving to exempt an employee from the educational qualification of graduation, for the purpose of promotion to the post of Secretary; when the conditions in clause (b) of sub clause (8) of Rule 185 is satisfied, the Registrar cannot go behind such resolution and reject approval unless stipulation in the sub clause remains unsatisfied. 2. As per clause (b) for granting such exemption, an employee should have passed JDC or equivalent examination and should have a minimum service of five years in the feeder category and also should not be less than 45 years of age. In the present case, the petitioner was above 53 years of age when Ext.P1 resolution was passed and she has the qualification of JDC. However, the rejection, according to the Government Pleader, who submits, on instruction, is for the reason that the petitioner does not have five years service in the feeder category.
3. In considering the said contention, one has to look at the Rule 185(8)(b) of the Kerala Co-operative Societies Rules, 1969, which is as follows:
“Where the academic qualification prescribed is graduation and above, exemption from acquiring the said qualification may, be considered if the incumbent satisfied the following conditions, namely:-
i) should have passed JDC or equivalent;
ii) should have a minimum service of five years in the feeder category; and
iii) should not be less than forty-five years of age.”
(d) in sub-rule (8), in clause (b), the following provisions shall be inserted, namely;-
“provided that service of five years in the feeder category can be relaxed in the case of those who have completed fifty three years of age and there should not be a qualified graduate who has completed twenty years of service in the same post in the feeder category, junior to that incumbent.”
Hence, when an employee is above 53 years of age and there is no person junior to such employee, in the feeder category who has 20 years of service, and also graduation, then the service of 5 years in the feeder category which is stipulated as per sub clause (b) also could be relaxed.
4. In the present case, as per the sanctioned staff pattern, the feeder category to the post of Secretary is that of Assistant Secretary/Chief Accountant. The respondent bank has filed a counter affidavit on 7.10.2014 which clearly avers that there is no person in the feeder category, who is junior to the petitioner, who has 20 years of service and having a graduate. The specific instruction to the learned Government Pleader is that, there is a Branch Manager who has 20 years of service and also graduation. Branch Manager's post, however, is the feeder category, to the promotion post of Assistant Secretary/Chief Accountant. The proviso to sub clause (3) of sub rule (8) of Rule 185 specifically states that a junior in the feeder category to the incumbent should be available in the same post, in the feeder category itself. Hence, if there is none junior to the petitioner in the feeder category; who has 20 years service and graduation to his credit, necessarily the Managing Committee of the Bank would be competent to grant relaxation. By feeder category what is intended is the cadre of Assistant Secretary/Chief Accountant, which is the feeder category to the promotion post of Secretary. In such circumstances, Exts.P7 and P9 orders are set aside. The entitlement of the petitioner to be promoted as per Rule 185(8)(b) of the Kerala Co-operative Societies Rules, 1969 is declared. The petitioner shall be entitled to be promoted from the date of the petitioner being put in charge of the Secretary, after Ext.P1 resolution.
Writ petition is allowed.
jes K.VINOD CHANDRAN, Judge