AI Structured Summary
Not yet generated for this judgment
Judgment
Devan Ramachandran. J
Though the petitioner impugns Ext.P11 order issued by the 3rd respondent – Joint Registrar of Co-operative Societies (General), when this matter was called today, learned counsel for the petitioner confined the plea that his client's application for exemption be considered, as and when the vacancy arises.
Sri.C.P.Sabari – learned counsel for the petitioner, explained that, even though, through Ext.P10 judgment, this Court has directed the Joint Registrar to consider his client's application, same has been rejected solely for the reason that his senior has allegedly withdrawn the relinquishment request. He asserted that, even if this be so, as and when a vacancy arises to accommodate him, without disturbing his senior, the petitioner's application will certainly have to be considered.
Smt.Parvathy Kottol – learned Government Pleader, responded to the afore, saying that, if the petitioner only requires his application to be considered as and when a suitable vacancy arises, then, there does not appear to be any legal impediment in doing so. She, however, prayed that no directions be issued by this Court in this judgment in any manner, so as to affect the rights of the senior of the petitioner.
When I consider and evaluate the afore rival submissions, it is indubitable that, if the senior of the petitioner has withdrawn his relinquishment application, then the petitioner's right to be promoted will arise only when an apposite vacancy arises. However, for the sole reason that his senior has now withdrawn the earlier relinquishment, it was not proper for the Joint Registrar to have rejected the petitioner's application, particularly when he has sought exemption from educational requirements.
In the afore circumstances, I allow this writ petition and set aside Ext.P11; with a consequential direction to the 3rd respondent – Joint Registrar, to reconsider the matter, adverting to Ext.P10 judgment and my observations above; thus to issue an appropriate order thereon, after affording an opportunity of being heard to the petitioner, however, without disturbing his senior, whose name is mentioned in paragraph 3 of Ext.P11.
The afore shall be completed by the Joint Registrar as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment; however, clarifying that his right for promotion will arise only when a vacancy to accommodate him becomes available.