Aggrieved by the rejection of the petitioner's prayer to grant relaxation of qualification from the date of appointment by the second respondent, the petitioner come up before this Court. 2. The petitioner entered the service of the 5th respondent bank as Junior Clerk on 15.6.1976 and demitted his office while working as Assistant Secretary. The petitioner's qualification was SSLC and Junior Diploma in Co-operation. Her promotion to the post of Assistant Secretary was on 30.6.2006. Rule 185 of the Kerala Co-operative Societies Rules envisages that for promotion to the post of Assistant Secretary, the employee should be a graduate.
3. The petitioner alleges that she was promoted to the post of Assistant Secretary as she had completed 14 years of service in the feeder category and was above 45 years of age at the time of promotion. Therefore, the Society took a resolution No.VI(a)(1) dated 10.8.2009 to relax qualification with effect from 1.7.2006 on the ground that the petitioner fulfilled the conditions for relaxation which is stipulated in Rule 185(8) of the KCS Rules.
4. The grievance of the petitioner is that though the society requested the Joint Registrar to relax her qualification in the letter by the Joint Registrar granting relaxation, it was specifically stated that it would take effect only from the date of order i.e. 1.2.2012.
5. According to the petitioner, she is entitled to get relaxation from the date of promotion to the post of Assistant Secretary i.e.1.7.2006 as resolved by the society. Hence, the order passed by the second respondent granting relaxation from the order with effect from 1.2.2012 only is illegal and liable to be set aside, according to the petitioner.
6. Arguments have been heard.
7. The petitioner completed 14 years of service in the feeder category and was above 45 years of age at the time of promotion to the post of Assistant Secretary. The decision to relax the qualification was taken by Ext.P1 resolution dated 10.8.2009.
8. According to the petitioner, the petitioner was unaware of about the rejection of the said resolution by the Registrar. After that the society again took the resolution to relax the qualification of the petitioner with effect from 1.7.2006 on the ground that the petitioner fulfilled the conditions for relaxation which is stipulated in Rule 185(8) of the KCS Rules. However, the second respondent, by Ext.P3 proceedings, issued an order of relaxation only with effect from 1.2.2012.
9. This Court in WPC No.1424/2010 allowed a similar writ petition granting exemption from the date which is mentioned in the resolution. The true copy of the judgment is produced and marked as Ext.P5. Ext.P6 is another judgment in another writ petition having the similar fact situation.
10. Prior to the amendment of Rule 185(8) of the Kerala Co-operative Societies Rules, the relaxation of qualification of an employee for the purpose of promotion could be done only with the approval of the Registrar. However, after 2005 amendment, the words 'prior approval' is omitted.
11. As per the Rule now existing, it shall be competent to the Registrar to relax qualification of an employee for the purpose of promotion in deserving case.
12. In the instant case, there was a resolution by the respondent society and a formal request has been forwarded.
13. Here, the second respondent was satisfied that the petitioner was entitled to get relaxation from the qualification and it was because of such satisfaction, Ext.P4 order has been passed.
14. The delay in sending the resolution and taking appropriate steps on the part of the 5th respondent cannot take away the right of the petitioner to get relaxation from the date of promotion to the post of Assistant Secretary.
15. Therefore, this Court is of the definite view that the petitioner is entitled to get the relief as prayed for in this writ petition.
In the result, this writ petition is allowed. Ext.P4 is quashed, so far as it limits the date of relaxation of qualification under Rule 185(8) of the Kerala Co-operative Societies Rules from the date of Ext.P4.
It is hereby declared that the petitioner is entitled to get relaxation as granted in Ext.P4 from the respective dates requested by the 5th respondent in Exts.P1 and P2 resolutions.
Sd/-A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE