Krishnakumar T.R vs N.V.Usha on 23 June, 2026

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    Kerala High Court

    Krishnakumar T.R vs N.V.Usha on 23 June, 2026

    Author: Devan Ramachandran

    Bench: Devan Ramachandran

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                   PRESENT
    
                THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    
                                      &
    
                   THE HONOURABLE MR.JUSTICE BASANT BALAJI
    
            TUESDAY, THE 23RD DAY OF JUNE 2026 / 2ND ASHADHA, 1948
    
                             WA NO. 1084 OF 2020
    
            AGAINST THE JUDGMENT DATED 05.02.2020 IN WP(C) NO.27368 OF
    
                        2019 OF HIGH COURT OF KERALA
    
    APPELLANT/FIFTH RESPONDENT:
               KRISHNAKUMAR T.R., CHIEF ACCOUNTANT,
               NARAKKAL SERVICE CO-OP. BANK LTD. NO. E 91,
               NJARAKKAL P.O, ERNAKULAM 682 505
    
                BY ADV SHRI.P.N.MOHANAN
    RESPONDENTS/PETITIONER/RESPONDENTS 1 TO 4:
         1     N.V.USHA, AGED 50 YEARS
               MUTHEDATHUKUDY, NAYARAMBALAM, ERNAKULAM.
    
        2       NJARAKKAL SERVICE CO-OPERATIVE BANK LTD. NO. E 91,
                NJARAKKAL, ERNAKULAM, REPRESENTED BY ITS SECRETARY.
    
        3       THE JOINT REGISTRAR OF CO-OPERATIVE SOCITIES (G)
                ERNAKULAM, OFFICE OF THE JOINT REGISTRAR OF CO-
                OPERATIVE SOCIETIES (G), KAKKANADU, ERNAKULAM, KOCHI-
                682 030
    
        4       THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
                THIRUVANANTHAPURAM-695 001
    
        5       THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
                GOVERNMENT, CO-OPERATION(C) DEPARTMENT,
                THIRUVANANTHAPURAM-695 001
    
                BY ADV SRI.M.M.MONAYE
                SR GP - SRI. AJITH VISWANATHAN
         THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.06.2026,
    ALONG WITH WA.1092/2020, 1116/2020 AND CONNECTED CASES, THE COURT
    ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                        2026:KER:45459
    
    WA NO. 1084 OF 2020 & con.
    
                                          2
    
    
    
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                       PRESENT
    
              THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    
                                          &
    
                  THE HONOURABLE MR.JUSTICE BASANT BALAJI
    
        TUESDAY, THE 23RD DAY OF JUNE 2026 / 2ND ASHADHA, 1948
    
                                 WA NO. 1092 OF 2020
    
                 AGAINST THE JUDGMENT DATED 05.02.2020 IN WP(C)
    
                 NO.12753 OF 2018 OF HIGH COURT OF KERALA
    
    APPELLANT/4TH RESPONDENT:
    
                 N.V.USHA
                 ASSISTANT SECRETARY, NARAKKAL SERVICE CO-OPERATIVE
                 BANK LTD NO. E91, NARAKKAL P.O.ERNAKULAM-682 505.
    
                 BY ADV SHRI.P.C.SASIDHARAN
    
    RESPONDENTS/PETITIONER, RESPONDENTS 1 TO 3 & 5:
    
         1       T.R.KRISHNAKUMAR, AGED 44 YEARS
                 SECRETARY, NARAKKAL SERVICE CO-OPERATIVE BANK LTD
                 NO E 91, NARAKKAL P.O. ERNAKULAM-682 505
    
         2       GOVERNMENT OF KERALA,
                 REPRESENTED BY SECRETARY TO GOVERNMENT, (CO-
                 OPERATION DEPARTMENT), SECRETARY,
                 THIRUVANANTHAPURAM-695 001.
    
         3       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
                 (GENERAL), 5TH FLOOR, B2 BLOCK, KAKKANADU CIVIL
                 STATION, ERNAKULAM-682 030.
                                                               2026:KER:45459
    
    WA NO. 1084 OF 2020 & con.
    
                                       3
    
    
         4       THE MANAGING COMMITTEE OF NJARAKKAL SERVICE CO-
                 OPERATIVE BANK LTD NO E 91,
                 REPRESENTED BY PRESIDENT, NJARAKKAL P.O.ERNAKULAM-
                 682 505.
    
         5       THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
                 DEPARTMENT OF CO-OPERATION, OFFICE OF THE
                 REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
                 SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.
                 THIRUVANANTHAPURAM-695 014.
    
    
    
          THIS    WRIT    APPEAL   HAVING   COME   UP   FOR    ADMISSION   ON
    23.06.2026, ALONG WITH WA.1084/2020 AND CONNECTED CASES, THE
    COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                        2026:KER:45459
    
    WA NO. 1084 OF 2020 & con.
    
                                          4
    
    
    
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                       PRESENT
    
              THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    
                                          &
    
                  THE HONOURABLE MR.JUSTICE BASANT BALAJI
    
        TUESDAY, THE 23RD DAY OF JUNE 2026 / 2ND ASHADHA, 1948
    
                                 WA NO. 1116 OF 2020
    
                 AGAINST THE JUDGMENT DATED 05.02.2020 IN WP(C)
    
                 NO.12753 OF 2018 OF HIGH COURT OF KERALA
    
    APPELLANT/PETITIONER:
    
                 KRISHNAKUMAR.T.R.,
                 SECRETARY,NARAKKAL SERVICE CO-OP.BANK LTD.NO.E 91,
                 NARAKKAL.P.O, ERNAKULAM-682505.
    
                 BY ADV SHRI.P.N.MOHANAN
    
    RESPONDENTS/RESPONDENTS:
    
         1       GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO
                 GOVERNMENT, CO-OPERATION DEPARTMENT),
                 SECETARIAT,THIRUVANANTHAPURAM-695001.
    
         2       THE JOINT REGISTRAR OF CO-OPERATIVE
                 SOCIETIES(GENERAL), 5TH FLOOR B2 BLOCK,KAKKANADU
                 CIVIL STATION,ERNAKULAM-682030.
    
         3       THE MANAGING COMMITTEE OF NARAKKAL SERVICE CO-
                 OP.BANK LTD.NO. E 91, REPRESENTED BY PRESIDENT,
                 NARAKKAL.P.O, ERNAKULAM-682505.
    
         4       USHA.N.V, ASSISTANT SECRETARY,NARAKKAL SERVICE CO-
                                                               2026:KER:45459
    
    WA NO. 1084 OF 2020 & con.
    
                                       5
    
    
                 OP.BANK LTD.NO.E 91, NARAKKAL.P.O,ERNAKULAM-
                 682505.
    
    
    
          THIS    WRIT    APPEAL   HAVING   COME   UP   FOR    ADMISSION   ON
    23.06.2026, ALONG WITH WA.1084/2020 AND CONNECTED CASES, THE
    COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                        2026:KER:45459
    
    WA NO. 1084 OF 2020 & con.
    
                                          6
    
    
    
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                       PRESENT
    
              THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    
                                          &
    
                  THE HONOURABLE MR.JUSTICE BASANT BALAJI
    
        TUESDAY, THE 23RD DAY OF JUNE 2026 / 2ND ASHADHA, 1948
    
                                 WA NO. 1717 OF 2020
    
                 AGAINST THE JUDGMENT DATED 05.02.2020 IN WP(C)
    
                 NO.27368 OF 2019 OF HIGH COURT OF KERALA
    
    APPELLANT/PETITIONER:
    
                 N.V.USHA, AGED 50 YEARS
                 MUTHEDATHUKUDY, NAYARAMBALAM, ERNAKULAM.
    
                 BY ADV SHRI.P.C.SASIDHARAN
    
    
    RESPONDENTS/RESPONDENTS:
    
         1       NJARAKKAL SERVICE CO-OPERATIVE BANK LIMITED
                 NO.E.91, NJARAKKAL, ERNAKULAM, REPRESENTED BY ITS
                 SECRETARY-682 505.
    
         2       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
                 ERNAKULAM, OFFICE OF THE JOINT REGISTRAR OF CO-
                 OPERATIVE SOCIETIES (G), KAKKANADU, ERNAKULAM,
                 KOCHI-682 030.
    
         3       THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
                 THIRUVANANTHAPURAM-695 001.
    
         4       THE STATE OF KERALA, REPRESENTED BY THE SECRETARY
                 TO GOVERNMENT, CO-OPERATION (C) DEPARTMENT,
                                                               2026:KER:45459
    
    WA NO. 1084 OF 2020 & con.
    
                                       7
    
    
                 THIRUVANANTHAPURAM-695 001.
    
         5       T.R.KRISHNAKUMAR,
                 CHIEF ACCOUNTANT, NJARAKKAL SERVICE CO-OPERATIVE
                 BANK LTD, NO.E 91, NJARAKKAL, ERNAKULAM-682 505
    
    
    
          THIS    WRIT    APPEAL   HAVING   COME   UP   FOR    ADMISSION   ON
    23.06.2026, ALONG WITH WA.1084/2020 AND CONNECTED CASES, THE
    COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                2026:KER:45459
    
    WA NO. 1084 OF 2020 & con.
    
                                             8
    
    
                                                                          'CR'
                                          JUDGMENT
    

    [WA Nos.1084/2020, 1092/2020, 1116/2020, 1717/2020]

    Devan Ramachandran, J.

    SPONSORED

    Sometimes called “Henry VIII Clause” – often

    pejoratively, Section 101 and Rule 181 of the Kerala Co-operative

    Societies Act and the Rules thereunder respectively, vest power

    with the Government to offer exemption to societies registered

    under the provisions of the afore “Act”, from the rigour of the

    statutory stipulations contained therein and in the Rules. The

    nature and amplitude of the power of the Government acting

    under these provisions have often evoked strong reactions and it

    is not different in this case; though the question posed is, if the

    Government can offer exemption from the provisions of the

    “Rules” to a society in defiance of the conditions precedent

    attached to the statutory power of the Registrar of Co-operative

    Societies in granting exemptions to individual employees in

    specified circumstances.

    2. These four appeals have been heard together, since

    the constitutive facts involved in them are analogous; and
    2026:KER:45459

    WA NO. 1084 OF 2020 & con.

    9

    because the parties are common.

    3. There are two writ petitions involved in these

    matters, namely, W.P.(C) No. 12753/ 2018 and WP(C) No.27368/

    2019.

    4. The genesis for the controversy is that the then

    Assistant Secretary of the “Njarakkal Service Co-operative Bank

    Limited” (‘Bank’ for short), wanted to be promoted as

    Secretary, even though she was lacking in the stipulated

    experience; and hence the latter adopted a resolution, invoking

    Rule 181 of the Kerala Co-operative Societies Rules (“Rules”

    thereunder), to seek exemption to themselves from the said

    Rules from the Government, to enable such promotion.

    5. It transpires that the Government issued orders

    granting exemption; and Sri.Krishnakumar – who was also an

    Assistant Secretary, but junior to Smt.N.V.Usha, filed W.P(C)

    No. 12753/ 2018 challenging the said order of the Government;

    while, Smt.N.V.Usha filed WP(C) No.27368/ 2019, because the

    order of exemption, according to her, was tinkered by the

    Registrar of Co-operative Societies illegally, by ordering that the

    benefit therein would only act prospectively, namely from its
    2026:KER:45459

    WA NO. 1084 OF 2020 & con.

    10

    date, being 28.06.2018. Her specific case is that the exemption

    ought to have operated from 23.11.2016, which is the date on

    which the Bank had sought such from the Government through

    their resolution

    6. The learned Single Judge considered the writ

    petitions together and dismissed them; against which, both

    Smt.N.V.Usha and Sri.Krishnakumar are in appeal.

    7. For the record, W.A No.1092 of 2020 has been filed

    by Smt.N.V.Usha against the judgment in W.P(C) No. 12753/

    2018; while, she has filed W.A No.1717 of 2020 against the

    judgment in WP(C) No.27368/ 2019.

    8. As far as Sri.Krishnakumar is concerned, he has filed

    W.A No.1116 of 2020 against the judgment in W.P(C) No. 12753/

    2018; as also W.A No.1084 of 2020 against the judgment in

    WP(C) No.27368/ 2019.

    9. In the midst of all the pleadings and documents

    placed on record, the germane and short question is whether the

    Government obtains right under Rule 181 of the ‘Rules’, to

    grant exemption to the Bank, which was impermissible for the

    Registrar of Co-operative Societies to have granted to
    2026:KER:45459

    WA NO. 1084 OF 2020 & con.

    11

    Smt.N.V.Usha under Rule 185(8) thereof.

    10. The afore question has been invited because the

    Bank, in fact, had adopted two resolutions – one to seek

    exemption from the Registrar of Co-operative Societies in favour

    of Smt.N.V.Usha, for the purpose of her appointment as the

    Secretary, under the provisions of Rule 185(8) of the Rules; and

    the other to seek exemption for themselves from the operation

    of the “Act”, before the Government, under Rule 181 of the

    ‘Rules’.

    11. We are told that the Registrar expressed his inability

    to consider the resolution preferred before him because of the

    rigour of Rule 185(8)(b) of the Rules, since Smt.N.V.Usha did not

    have the experience of five years; as mandated therein.

    12. However, the Government, as said above, granted

    exemption to the Bank from the “Rules”, thus enabling them to

    promote Smt.N.V.Usha.

    13. It is, therefore, ineluctable that if we are to hold that

    the Government had the power to grant exemption as they have

    done, then the appointment of Smt.N.V.Usha would have to be

    found to be proper; with the only other question being whether
    2026:KER:45459

    WA NO. 1084 OF 2020 & con.

    12

    the order of Registrar, to limit the exemption from a date after

    26.08.2018, would be proper.

    14. Sri.P.N.Mohanan – learned counsel for

    Sri.Krishnakumar, argued that, when the “Rules” mandate that

    the Registrar could have granted exemption to Smt.N.V.Usha

    from the educational qualifications necessary for appointment as

    the Secretary, only if she satisfied the criteria under Sub-Rule (b)

    thereof, namely: that he/she should have passed the JDC or

    equivalent; and should have had a minimum service of five years

    in the feeder category; and should not be less than 45 years of

    age, the said Authority was legally incapacitated from acceding

    to it since, she did not have the unexpendable experience. He

    contented that it was solely to get over this, that the Society

    approached the Government under Rule 181 of the “Rules”,

    which resulted in the order of exemption dated 26.06.2018. He

    predicated that the Government could not have ordered

    exemption in the manner they have done, since it could not have

    granted more than what the Registrar could have done under

    Rule 185(8) of the “Rules”.

    15. Sri.P.C.Sasidharan – learned counsel for Smt.Usha,
    2026:KER:45459

    WA NO. 1084 OF 2020 & con.

    13

    in refutation, submitted that the above contentions of

    Sri.P.N.Mohanan are factually and legally incorrect because, his

    client had the educational qualification, as also the minimum

    service in the feeder category, and was also above 45 years of

    age, to thus deserving of having been granted exemption by the

    Registrar himself. He added that the Bank, nevertheless, decided

    to approach the Government, under Rule 181 of the “Rules”, for

    no reason that can be attributed to his client – which has been

    granted; and consequently, that the Registrar could not have,

    thereafter, modified that order, by directing that the exemption

    therein would apply only prospectively from 28.06.2018 and not

    from 23.11.2016, when the resolution had been passed. He

    prayed that, therefore, the appeals filed by his client be allowed

    and the appeals filed by Sri.Krishnakumar be dismissed.

    16. Sri.M.M.Monaye – learned Standing Counsel for the

    Bank, submitted that his client had adopted the resolutions in

    question because, Smt.N.V.Usha was much more Senior to

    Sri.Krishnakumar in the category of Assistant Secretary; and had

    acquired JDC qualification, as also the minimum service in the

    feeder category and being over 45 years in age. He explained
    2026:KER:45459

    WA NO. 1084 OF 2020 & con.

    14

    that, even though his client had adopted a resolution to request

    the Registrar to pass orders of exemption in favour of

    Smt.N.V.Usha, under the provisions of Rule 185(8) of the

    “Rules”; they thought it better, on the side of caution, to adopt

    an additional resolution, to seek exemption from the “Rules” for

    themselves from the Government, under Rule 181 of it.

    17. Sri.M.M.Monaye reiteratingly explained that, the

    afore was done only because Smt.N.V.Usha fully deserved the

    promotion — which she was granted later — being the senior

    most in service; and has now retired from service. He concluded

    his submissions, asserting that, in fact, there would be no

    purpose in this Court considering the merits of these matters at

    this stage, for the reason that not only has Smt.N.V.Usha retired,

    but also because Sri.Krishnakumar T.R. has been appointed

    subsequently as a Secretary.

    18. As indicated above, the main thrust of the arguments

    of Sri.P.N.Mohanan is that the Government could not have

    granted exemption to the society under Rule 181 of the “Rules”,

    disregarding the requisites mentioned in Rule 185(8)(b) thereof.

    19. To get a grip of the afore contention, one will have
    2026:KER:45459

    WA NO. 1084 OF 2020 & con.

    15

    to read Rule 181 of the “Rules”, for which purpose, it is extracted

    under:

    “The State Government may, by general or special order
    and subject to such conditions as they deem fit, exempt
    any registered society or class of such societies from any
    of the provisions of these rules or may direct that such
    provisions shall apply to such society or class of societies
    with such modifications as may be specified in the order.”

    20. It is rather perspicuous that Rule 181 vests the

    State Government with plenary powers to exempt any society or

    class of societies from the provisions of the “Rules”; and can

    even direct that such provisions would apply only with such

    modifications as may be specified in the order. This power is in

    contradistinction to the one vested in the Government under

    Section 101 of the “Act”, which allows them, normally, to exempt

    any society from its provisions only in public interest.

    21. To paraphrase, Section 101 of the “Act” extends to

    situations where the government deems it necessary to exempt a

    society from its provisions – in which case, they can do so only if

    they are satisfied that it is necessary to do so in public interest;

    while, under Rule 181 of the “Rules”, such a restriction, for the

    Government to exclude a society or class of societies from the
    2026:KER:45459

    WA NO. 1084 OF 2020 & con.

    16

    provisions of the “Rules”, are not stipulated.

    22. Ineluctably, therefore, when the power of the

    Government under Rule 181 of the “Rules” is restricted by

    nothing more than the obligation to act judiciously, keeping in

    mind the purpose and objects sought to be achieved, it can never

    be conceded that they cannot do what the Registrar could not

    have done under Rule 185(8) of the “Rules”. Any argument to

    the contrary would stand untenable because, Rule 181 sanctions

    power to the Government to exempt a society or class of society

    from any provision of the “Rules”; and that includes Rule 185

    thereof also. It is well settled that an order under Rule 181 of

    the “Rules” cannot be challenged as a mere administrative order

    because, the power which flows from it is essentially incidental

    to subordinate legislative power (see for support Purushothaman

    Nair v. State of Kerala [2008 (4) KLT 879].

    23. The afore being said, as per the admitted positions

    of the parties, Smt.N.V.Usha was the seniormost of the Assistant

    Secretaries in the services of the society; and it was to ensure

    that she obtained the opportunity of being promoted as

    Secretary, that the latter applied for exemption before the
    2026:KER:45459

    WA NO. 1084 OF 2020 & con.

    17

    Government. The accession of the Government to such a

    request can surely not seem to be unjust or unfair.

    24. In the conspectus of the admitted fact that

    Smt.N.V.Usha has retired from service, we do not think that it

    will be justified for us to intervene in her appointment,

    particularly since the exemption obtained by the society was not

    on account of any action that can be directly attributed to her.

    To add to this, Sri.Krishnakumar T.R. is now stated to be working

    as Secretary; and to that extent, his grievance also stands

    allayed.

    25. The surviving question is whether the order of the

    Government could have been interpreted by the Registrar, to

    hold that the exemption therein operates only from 26.06.2018,

    being its date. We notice that the learned Single Judge has

    approved this; but are forced to a different opinion because, it is

    well settled that, when the Government issued its order without

    a specific date being fixed for it to operate from, or without

    showing it to be either prospective or retrospective, it will

    indubitably relate back to the date on which the resolution was

    passed by the society. In this case, the resolution, admittedly,
    2026:KER:45459

    WA NO. 1084 OF 2020 & con.

    18

    was adopted on 23.11.2016; and we are, therefore, of the view

    that the holdings in the judgment in WP(C) No.27368/2019 – that

    the order of the Government, produced as Ext.P10 therein,

    operates only prospectively – cannot obtain forensic favour.

    In the afore circumstances:

    (a) WA No.1084/2020 and 1116/2020 are dismissed.

    (b) WA No.1092/2020 and 1717/2020 are allowed in

    part, clarifying that the order of exemption of the Government,

    produced along with WP(C) No.27368/2019 as Ext.P10, will be

    construed to be operating from the date on which the bank

    adopted its resolution, namely on 23.11.2016.

    Needless to say, all consequences pursuant to our

    declarations above will follow.

    Sd/- DEVAN RAMACHANDRAN
    JUDGE

    Sd/- BASANT BALAJI
    JUDGE
    stu



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