JUDGMENT : DEVAN RAMACHANDRAN, J. 1. The petitioners, who are all employees of two Primary Agricultural Credit Societies (hereinafter referred to PACS for short), have approached this Court contending that the ratio of 1:4 prescribed by Rule 185(10) of the Kerala Co-operative Societies Rules (herein after referred to ‘the KCS Act’ for short), as per which, the vacancies to the post of Clerks in the Societies enumerated therein, for being filled up through promotion and direct recruitment, is not applicable to PACS. 2. The specific submission of Sri. P.N. Mohanan, learned counsel for the petitioners in these cases, is that since Rule 185(10) of the KCS Rules stipulates this ratio only for the purpose of appointment to the post of Clerks in “Primary Cooperative Societies/Banks” and “Primary Agricultural and Rural Development Banks” the category of PACS is expressly excluded. He, therefore, says that all the petitioners are now entitled to be promoted as Clerks without the respective Banks requiring to fill such posts as per the ratio specified in this Rule. 3. In answer to the afore assertions of Sri. P.N. Mohanan, the learned Senior Government Pleader, Sri. Bimal K. Nath, submits that what is stated in Rule 185(10) of the KCS Rules is that the post of Clerks in all Primary Co-operative Societies/Banks shall be filled up by promotion and direct recruitment in the ratio of 1:4. He says that a “Primary Cooperative Society” having been defined in Section 2 (od) of the Kerala Co-operative Societies Act (‘the KCS Act’ for short) as a Society having jurisdiction over a Revenue District as a whole or over any specified area within such Revenue District, takes in all types of such Societies notwithstanding its nomenclature or functionality; and therefore that a PACS, being a Primary Cooperative Society, will also be expressly guided and covered by Rule 185(10) of the Co-operative Societies Rules while making appointments. 4. The learned Senior Government Pleader, then submits that the argument of Sri. P.N. Mohanan that because only “Primary Agricultural Rural Development Banks” have been included in the Rule along with Primary Co-operative Societies/Banks, the PACS are excluded does not appeal to reason. 4. The learned Senior Government Pleader, then submits that the argument of Sri. P.N. Mohanan that because only “Primary Agricultural Rural Development Banks” have been included in the Rule along with Primary Co-operative Societies/Banks, the PACS are excluded does not appeal to reason. He explains that Primary Agricultural Rural Development Banks have been specifically shown in the said Rule only because there is a separate statute covering them with respect to recovery proceedings applicable to them but that this is not intended to restrict it to any specific categories of “Primary Co-operative Societies/Banks” which is evident from the fact that the word “Banks” have been used along with “Societies” therein. He, therefore, prays that this writ petition be dismissed, adding that, pending one among the above writ petitions, namely W.P. (C) No. 22134 of 2018, the respondent Bank therein. The Manjoor Service Co-operative Bank Limited-has promoted the petitioners in the said writ petition illegally to the vacancies which they ought to have reported to the Examination Board, for being filled up under Rule 185(10) of the KCS Rules. 5. Though there is no appearance for the afore mentioned Manjoor Service Co-operative Bank Limited, Sri. K. Ramakirshnan appears on behalf of the Society involved in W.P. (C) No. 32645 of 2018, namely, Ambalapad Service Cooperative Bank. He affirms most of the submissions of Sri. Bimal K. Nath, learned Senior Government Pleader, adding that his client has already reported all the available vacancies to the Examination Board for being filled up under the ratio stipulated in Rule 185(10) of the KCS Rules and affirms as far as they see it, the provisions of this Rule is fully applicable to all Primary Cooperative Societies/Banks and, therefore, that they will only fill up the vacancies in the ratio prescribed therein. He concludes by saying that the selection process for appointment through direct recruitment in the services of his client has been completed and that they are awaiting the final judgment in these writ petitions before actual appointments are made. 6. I must say that the contentions of Sri. P.N. Mohanan with respect to Rule 185(10) of the KCS Rules is certainly through provoking, because, at first glance, one may fail to understand why Primary Agricultural Credit Societies/Banks should have been included specifically therein after having specified Primary Co-operative Societies/Banks as a class. 6. I must say that the contentions of Sri. P.N. Mohanan with respect to Rule 185(10) of the KCS Rules is certainly through provoking, because, at first glance, one may fail to understand why Primary Agricultural Credit Societies/Banks should have been included specifically therein after having specified Primary Co-operative Societies/Banks as a class. Not that this makes any difference to the classification of Primary Cooperative Societies/Banks in one generic category, but can, to some extent, justify the petitioners making the submission that the intention of the Rule makers may have been to restrict the general class as per the special category enumerated thereafter. 7. However, when one looks very carefully at Rule 185(10) of the KCS Rules, it is obvious that the true intention was to make it applicable to all Primary Co-operative Societies/Banks, which is ineluctable, as rightly pointed out by Sri. Bimal K. Nath learned Senior Government Pleader, from the fact that it employs the words “Societies” and “Banks” together; thus that the legislative purpose was to treat it as one composite class, not differentiated by the functionalities and nature of individual such Societies/Banks as per their definition under the KSC Act and Rules. 8. In fact, Sri. P.N. Mohanan, does not have a case that a PACS is not a Primary Co-operative Society, his sole assertion argument being that since a PACS is not included specifically under Rule 185(10) of the KCS Rules, even though a Primary Agricultural Rural Development Bank having been so included, it can only be construed that they are expressly excluded. 9. I am afraid that I cannot support this argument-which, as I have already said above, may look attractive at the first instance-because the Rule clearly postulates that vacancies in the post of Clerks in all “Primary Co-operative Societies/Banks” be filled up in the ratio specified therein. Therefore, merely because “Primary Agricultural and Rural Development Banks” have been specifically included after the words all “Primary Co-operative Societies/Banks” it does not mean that the former is intended to define the latter. In my firm view, the words all “Primary Cooperative Societies/Banks” would take in all such Societies and Banks irrespective of their definition, catagorisation or classification under the KCS Act and Rules; and I find favour with the submission of Sri. In my firm view, the words all “Primary Cooperative Societies/Banks” would take in all such Societies and Banks irrespective of their definition, catagorisation or classification under the KCS Act and Rules; and I find favour with the submission of Sri. Bimal K. Nath that the "Primary Agricultural and Rural Development Banks" have been specifically mentioned therein singularly because they are governed by a separate statute, at least with respect to their processes for recovery of amounts due to them. This is the only manner in which the provisions can be construed, otherwise it will cause violence to the manner and intent under which the provisions are incorporated. 10. In the afore circumstances, I see no reason to grant any of the reliefs sought for in these writ petitions; and consequently, to dismiss them, however, without any order as to costs. 11. After I completed this judgment, Sri. P.N. Mohanan learned counsel appearing for the petitioners, submitted that since the petitioners in W.P. (C) No. 22134 of 2019 have already been promoted by the Manjoor Service Co-operative Bank, they may be allowed to be retained and be adjusted against the vacancies that arise in future. This request is severely opposed by Sri. Bimal K. Nath, the learned Senior Government Pleader, who asserts that these promotions are illegal and therefore the Statutory Authorities are proposing to take necessary action against the said Bank. He further contended that if this request is acceded to by this Court, it will amount to granting premium to dishonesty; however, conceding that the petitioners therein can be allowed to continue provisionally until such time as the vacancies are filled up as per the statutory mandate, but that the Bank must be directed to report all vacancies to the Examination Board forthwith. 12. I find substantial force in the afore submissions of the learned Senior Government Pleader and I therefore, further order that in the case of W.P. (C) No. 22134 of 2018, if the petitioners therein have already been promoted, such promotions will be deemed to be provisional and to be in effect only until such time as the direct recruits are appointed in terms of Rule 185(10) of the KCS Rules. For this purpose, I direct the Manjoor Service Co-operative Bank to report all vacancies, that are earmarked for direct recruits under Rule 185 (10) of the KCS Rules, to the Examination Board not later than two weeks from the date of receipt of a copy of this judgment; cautioning them that any violation of these directions, will visit them with necessary consequences both statutorily and under the contempt of Courts Act. 13. These writ petitions are thus ordered.