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2015 Supreme(Ker) 751

DAMA SESHADRI NAIDU
PAUL CHACKO, ASSISTANT MANAGER, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, REGIONAL OFFICE, KANNUR – Appellant
Versus
MANAGING COMMITTEE OF THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, REPRESENTED BY ITS PRESIDENT, AGRICULTURAL DEVELOPMENT BANK BUILDING, STATUE – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. P.N. MOHANAN.
For the Respondents: SRI. GEORGE POONTHOTTAM, SC., SRI.C.A. MAJEED, SRI. K.H. ASIF, SMT. RAAGA R. RAMALAKSHMI, SRI. O.D. SIVADAS, SRI. ELVIN PETER P.J., SRI. T.G. SUNIL (PRANAVAM), SRI. K.R. GANESH, DR. K.P. SATHEESAN (SR.), SRI. M.R. JAYAPRASAD, SRI. P. MOHANDAS (ERNAKULAM), SRI. ANOOP.V.NAIR, SRI. S. VIBHEESHANAN, SRI. N. MANU THAMPI, SRI. D. SOMASUNDARAM, GOVERNMENT PLEADER, SRI. A.J. JOSE AEDAIODI, SPL. GOVERNMENT PLEADER.

JUDGMENT

The quintessential question this writ petition wrestles with is, does the sub-delegation survive even when the very source, the delegated legislation, dies out? In such an eventuality, does the formal demise of the sub-delegation still require judicial invalidation?

2. Hierarchically, the Kerala State Co-Operative Agricultural and Rural Development Bank, an Apex Co-Operative Society, is manned by the managing Director, usually a civil servant on deputation. Below him is the officer on special duty followed by the General Manager. In terms of extant statutory scheme, there is one General Manager for the Society under whom there are two Administrative Officers followed by 21 Regional Managers. Below the Regional Managers are 21 Deputy Managers. Though to the level of cleaner and guest room keeper there are other hierarchical positions in the organisation, they may not be germane for the purpose of adjudication.

3. Since all the parties to the writ petition have staked claim or have been promoted to the post of Regional Manager, it suffices if I focus on the mode and method of recruitment and promotion concerning the said post. As could be seen from the record, for the promotion




























































































































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