Judgment :- 1. When C.M.P. No. 24836/1987 came up for orders I heard learned Counsel appearing on either side in detail. I am disposing of the Original Petition. 2. The short question that arises for consideration is whether an employee of the Co-operative Society who entered the service prior to 1-1-1974 is entitled to claim exemption from qualification under R.185(2) of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as 'the Rules'). 3. The petitioner joined the service of the 3rd respondent Co-operative Society as a Field Mac on 10-12-1970. Subsequently be was promoted as Clerk on the scale of pay of Rs. 70-5-100-5-125 with effect from 4-11-1972. With effect from 1-7-1973 he vet given a higher scale of pay of Rs.95-7-170. He was posted as Cashier-cuni-Clerk by the Managing Committee as per its Resolution No. 50 dated 13-10-1973. That posting was with effect from 1-11-1973. His educational qualification is S.S L.C. failed. He had not gone for the training course 'Junior Diploma it Co-operation' either. 4. At the time of the petitioners' appointment the 3rd respondent society was a Class-V credit society within the meaning of the Rules. Subsequently, it was upgraded to Class-1V Credit Society by order of the Joint Registrar dated 21-2-1985. Consequently it was allowed to have a staff pattern consisting of Secretary, Accountant, Senior Clerk, Junior Clerk and Attender. On account of the expiry of the term of the Elected Committee an Administrator was appointed to Barege the affairs of the Society. The petitioner submitted a representation to the Administrator praying for appointing him as an Accountant, relaxing the qualifications under R.185 (2) of the Rules. Necessary papers for the said purpose were forwarded to the Assistant Registrar of Co-operative Societies for onward transmission to the Joint Registrar. The Assistant Registrar recommended relaxation of the qualifications and forwarded the papers to the joint Registrar 5. The fourth respondent, a graduate, was appointed clerk by the 3rd respondent on 21-12-1973. While she was continuing in that post, she took'Junior Diploma in Co-operation'. Thus she became fully qualified for holding higher posts in the society. When she came to know that actions were being taken for appointing the petitioner as Accountant, by relaxation of the qualifications, she filed O. P No 7272/1985 praying for the issue of writ of mandamus directing the Joint Registrar and the Administrator to promote her as Accountant. Thus she became fully qualified for holding higher posts in the society. When she came to know that actions were being taken for appointing the petitioner as Accountant, by relaxation of the qualifications, she filed O. P No 7272/1985 praying for the issue of writ of mandamus directing the Joint Registrar and the Administrator to promote her as Accountant. Before this court could dispose of that O. P. the Joint Registrar by order dated 11-2-1986 approved the appointment of the petitioner as Accountant after relaxing the qualification under R.185 (2) of the Rules. Thereupon this court while disposing of O. P. 7272/1985 directed the Administrator and Joint Registrar to dispose of the representation filed by the 4th respondent. The Joint Registrar thereupon ordered stay of operation of his order and directed preparation of seniority list of the staff in the society. The seniority list, so prepared, shewed the petitioner as senior to 4th respondent. By order dated 21-4-1986 the Joint Registrar restored the earlier order granting exemption to the petitioner from qualification and consequently the petitioner's appointment as Accountant was approved. The 4th respondent took up the matter in revision before the Government. She challenged the order of the joint Registrar approving the relaxation of qualification for the promotion of the petitioner. The revision petition was heard by Secretary to Government and was disposed of by Ext. P12 order. The operative portion of that order is in the following terms: "In the case on hand, the Bye-laws relating to the service conditions of the Oachira Service Co-operative Bank do not prescribe the qualifications for appointment to the various post in the Back. Moreover, it is seen that the post of Accountant was created in the Bank only after the Rules bad come into force. It cannot therefore be said that the respondent Sri. K. Ramachandran had acquired a right in terms of the Bye-laws of the Bank for being promoted as Accountant in relaxation of the qualifications prescribed for the post. Therefore the claim for exemption under R.185(2) is not sustainable and as such the Registrar is not competent to grant approval for the relaxation granted by the Bank." 6. K. Ramachandran had acquired a right in terms of the Bye-laws of the Bank for being promoted as Accountant in relaxation of the qualifications prescribed for the post. Therefore the claim for exemption under R.185(2) is not sustainable and as such the Registrar is not competent to grant approval for the relaxation granted by the Bank." 6. R.185 (2) of the Rules is in the following terms: "It shall be competent for the committee of a society to relax the qualifications of an employee for purpose of promotion in deserving cases with the prior approval of the Registrar and for reasons to be recorded in writing." This rule allows the society to promote an employee in deserving cases by relaxation of qualifications with the prior approval of the Registrar. Of course the society should record its reasons for relaxing the qualifications, The qualifications are those prescribed by R.186. So the relaxation contemplated by the above provision can only be of those qualifications prescribed in R.186. A plain reading of Clause.2 of R.185 shows that it takes within its purview all employees irrespective of the date of their entry into the service. In other words, the said clause does not differentiate between employees who were in the service of the society as on 1-1-1979 and those who entered the service subsequently. Without reference to the date of entry into the service, an employee can be given promotion to the higher cadres after relaxing the qualifications with the prior approval of the Registrar. In K.K. Chacko & Another v. N. V. Joseph & others (1985 K. Q. 970) the Division Bench observed: "The power to relax mentioned under sub-rule (2) of R.185 is, as staled above, a power with reference to the qualifications prescribed under R.186 and not with reference to the bye-laws. If a person does not have the requisite qualifications in terms of R.186. he may be granted relaxation from those qualifications by recourse to the power under R.185 (2). If a person does not have the requisite qualifications in terms of R.186. he may be granted relaxation from those qualifications by recourse to the power under R.185 (2). That is specially meant for the protection of persons who came into the service of the society after the Rules came into force, but those who have been in its service since prior to the coming into force of the Rules are sufficiently well protected by reason of Note (1) to R.186 as well as R.200." (emphasis added) On the basis of this observation the learned Counsel representing the respondents argued that the petitioner being an employee who entered the service prior to 1-1-1974, is not entitled to the benefit of exemption under R.185(2) of the Rules. It is submitted that the view taken by the Government that Rule (2) is specially meant for the protection of persons who entered the service of the society after the rules came into force is the correct position of law and therefore, the order Est. P12 does not call for any interference. 7. In O.P. No. 6542/1984 identical question came up for consideration. The petitioner therein entered the service of the society on 5-10-1961. He was promoted as a Clerk on 1-4-1967 and later as Cashier-cum-Head Clerk on 1-7-1977. By the decision of the Board of Directors dated 4-12-1981 it was decided to promote him as Branch Manager. Thinking that the rules relating to the qualifications for the posts and promotions introduced by the rules which came into force on 1-1-1974 will apply to the existing staff also, the Board of Directors made application to the Registrar for exempting the petitioner from qualifications prescribed under the rules. The Registrar declined that request. The Board of Directors filed an appeal before the Government on 17-11-1982. While that appeal was pending the rival claimant to the post initiated arbitration proceedings before the Joint Registrar of Co-operative Societies. The Joint Registrar up-held the claim of the rival contestant. The award passed by the Joint Registrar was challenged by the petitioner in the OP. before the Appellate Tribunal. The Tribunal up-held the award. The petitioner therein challenged those decisions by filing that Original Petition. The said O.P. was referred to a Bench by me because of the apparent conflict between the decisions of two Division Benches is K.K. Chacko & Another . before the Appellate Tribunal. The Tribunal up-held the award. The petitioner therein challenged those decisions by filing that Original Petition. The said O.P. was referred to a Bench by me because of the apparent conflict between the decisions of two Division Benches is K.K. Chacko & Another . N.V. Joseph (1985 K.L.J. 970) and in Narayanan Nair v. Kottayam Dist. Co-op. Bank (1984 K.L.T. 248). The Division Bench which heard the Original Petition disposed of the same observing: "In view of the decision of the Full Bench in O.P. 6891/81 and connected cases, this Original Petition has to fail. The petitioner's case for promotion can be considered in accordance with the prescription made by the new rules as there were no qualifications prescribed under the bye-laws before the new rales came into force regarding promotion to the categories in question. The committee could however relax the new qualifications by seeking prior approval of the Registrar as per R.185 (2) of the Kerala Co-operative Societies Rules." The Division Bench accordingly observed that the Society may make fresh request for granting prior approval under R.185(2) to relax the qualifications to effect promotion of the petitioner therein. From this decision it is clear that a member of the staff of the society who entered service prior to 1-1-1974 it also entitled to have the qualifications relaxed for promotion in accordance with the terms contained in R.185 (2) of the Rules. 8. In P. Bhaskaran & Ors. v. Addl. Secretary & Ors. (1987 (2) K.L.T. 903) the Full Bench while summarising the conclusions reached by them observed: "If no qualification was fixed prior to 1-1-1974, promotion can be effected only In accordance with the qualification and condition provided under the new rules after 1-1-1974." This statement of the law applies to employees who entered service of the society prior to 1-1-1974 as well. Therefore, the assumption made by the Government in Est. P 12 order that the petitioner who entered service prior to 1-1-1974 is not entitled to have the qualifications relaxed under R.185(2) is erroneous. Accordingly. I set aside Ext. P12 order and direct the Government to take back Ext. P11 revision petition filed by the 4th respondent to file and dispose of the same in accordance with law, after considering the comparative claims of the petitioner and the 4th respondent for promotion to the post of Accountant. Accordingly. I set aside Ext. P12 order and direct the Government to take back Ext. P11 revision petition filed by the 4th respondent to file and dispose of the same in accordance with law, after considering the comparative claims of the petitioner and the 4th respondent for promotion to the post of Accountant. Before passing final orders, the petitioner, 4th respondent and the Society should be afforded an opportunity of being heard in the matter. Final order in the revision petition should be passed within three months from the date of receipt of a copy of this judgment. The Original Petition is disposed of with the above direction. No costs. Issue photo copy of the judgment to the parties on usual terms.