SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Ker) 840

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, J.
Prasannakumari - Appellant
Vs.
Pathanamthitta District Co operative Bank Ltd. - Respondents
W.P.(C) Nos.20059 of 2018
Decided on : 04-09-2018

Advocates:
Advocate Appeared:
For the Appellant : N. Nandakumara Menon, P.K. Manojkumar, Smitha S. Pillai, Alice Thomas, M.C. Siny, V.G. Arun, T.R. Harikumar, P.N. Mohanan, C.P. Sabari, T.B. Hood, M. Isha, Amal Kasha, Mathew B. Kurian, K.T. Thomas & Nikhil Berny, Adv.
For the Respondent: T.P. Pradeep, Spl. Government Pleader (K.A. Mohammed Hashim),
P.C. Sasidharan, I.V. Pramod & M. Sasindran, Adv.

IMPORTANT POINTS
" The legality or otherwise of the interdiction to provisional promotion by Government communication dated 6.3.2018 and the consequential communication dated 20.4.2018 was never an issue before this Court in the aforesaid Writ Petitions
" Except W.P.(C)No.19217 of 2018) is a writ of mandamus commanding the respective District Cooperative Banks and its Administrator to provisionally promote them to the post of Branch Managers with a rider that they will be reverted back as and when candidates advised by Public Service Commission join duty-No interference is made on the Government communication dated 6.3.2018 and the consequential communication dated 20.4.2018 issued by the Registrar of Co-operative Societies, the petitioners are not entitled to a writ of mandamus sought for and also the consequential declaration.
" In the absence of any Government communication or that of the Registrar of Co-operative Societies interdicting provisional promotion to that post, it is for the petitioner to work out his remedy before the Arbitration Court under Section 69 of the Act.


Headnote:The Constitution of India Article 226- The Kerala Co-operative Societies Rules, 1969 sub-rule (3) of Rule 183, Section 69, sub-rule (2) of Rule 182, Clause (ia) of Section 2, Section 80, sub-section (1) of Section 80, sub-section (2) of Section 80, sub-section (3) of Section 80, Section 109, Rule 182, sub-rule (1) of Rule 182, Rules 14 to 17 of the Kerala State and Subordinate Service Rules, 1958, Rule 185 , sub-rule (1) of Rule 185, Rule 186 ,clause (ia) of sub-rule (1) of Rule 186, clause (c) of sub-section (1) of Section 69, Section 70A,

       Facts of the case

       Issue raised in this batch of Writ Petitions is the entitlement of the employees of various District Co-operative Banks in the State for provisional promotion to the post of Branch Manager (to the post of Deputy General Manager in W.P.(C)No.19217 of 2018), against vacancies earmarked for direct recruitment, which are lying vacant in the absence of candidates advised by Kerala Public Service Commission. Since common issues are raised, the Writ Petitions were heard together and are being disposed of by this common judgment-W.P.(C)No.18684 of 2018:- Petitioners 1 to 3, who are presently working as Senior Accountant at Thottappilly Branch, Kayamkulam Evening Branch and Puthanangadi Branch, respectively of Alappuzha District Co-operative Bank have filed this Writ Petition under Article 226 of the Constitution of India

       Finding of the courts

       Ignoring the legal questions raised in the counter affidavit as to maintainability of the Writ Petitions, the respective District Co-operative Banks should be directed to grant provisional promotion to the petitioners to the post of Branch Managers (to the post of Deputy General Manager in W.P.(C)No.19217 of 2018) against the vacancies earmarked for direct recruitment.

       Result : Petitions dismissed

JUDGMENT :


The common issue raised in this batch of Writ Petitions is the entitlement of the employees of various District Co-operative Banks in the State for provisional promotion to the post of Branch Manager (to the post of Deputy General Manager in W.P.(C)No.19217 of 2018), against vacancies earmarked for direct recruitment, which are lying vacant in the absence of candidates advised by Kerala Public Service Commission. Since common issues are raised, the Writ Petitions were heard together and are being disposed of by this common judgment.


2.1. W.P.(C)No.18684 of 2018:- Petitioners 1 to 3, who are presently working as Senior Accountant at Thottappilly Branch, Kayamkulam Evening Branch and Puthanangadi Branch, respectively of Alappuzha District Co-operative Bank have filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P7 communication dated 20.4.2018 issued by the 4th respondent Registrar of Co-operative Societies and seeking a writ of mandamus commanding the 1st respondent District Co-operative Bank and the 2nd respondent Part-time Administrator to provisionally promote them to the post of Branch Manager. By Ext.P7 communication No.E.M.53413/2017 dated 20.4.2018, the 4th respondent Registrar has informed all Joint Registrars of Co-operative Societies that the Government by communication No.Co-op.2/25/2018/Co. op. dated 6.3.2018 has informed that no provisional promotions shall be made to vacancies of Branch Managers in the District Co-operative Banks, which are earmarked for direct recruitment by Kerala Public Service Commission, and qualified employees can be given charge of those promotion posts, on charge allowance. Going by the averments in the Writ Petition, the recruitment to the post of Branch Manager in the 1st respondent Bank is by direct recruitment and promotion in the ratio 3:1, as per Ext.P2 Recruitment Rules. Promotion shall be made from the post of Senior Inspector/Senior Accountant/ Chief Cashier. Out of 61 posts of Branch Managers sanctioned as per Ext.P3 order dated 21.2.2015 of the 4th respondent Registrar, more than 5 posts are lying vacant and the validity of the ranked list published by Kerala Public Service Commission expired on 16.11.2017. Therefore, there is no legal impediment in granting provisional promotion to the post of Branch Manager in the 1st respondent Bank, under the quota earmarked for direct recruitment, with a rider that such provisional promotees will be reverted back as and when candidates advised by Public Service Commission report for joining duty, as done by this Court in Ext.P8 judgment dated 21.12.2017 in W.P.(C)No.34614 of 2017. The petitioners would contend that the 4th respondent Registrar issued Ext.P7 communication dated 20.4.2018 without any authority of law and as such, the same is liable to be interfered with by this Court.


2.2. W.P.(C) No.19204 of 2018:- Petitioners 1 to 7, who are presently working as Senior Accountant at various branches of Thrissur District Co-operative Bank Ltd. have filed this Writ Petition, seeking a writ of certiorari to quash Ext.P3 communication dated 20.4.2018 issued by the 3rd respondent Registrar of Co-operative Societies and seeking a writ of mandamus commanding the 1st respondent District Co-operative Bank and the 2nd respondent Administrator to provisionally promote them to the post of Branch Manager with a rider that they will be reverted back as and when candidates advised by Kerala Public Service Commission join duty. The petitioners have also sought for a declaration that they are entitled to get promotion to the post of Branch Manager, provisionally. In the Writ Petition it is averred that out of 48 posts of Branch Managers sanctioned as per Ext.P1 order dated 3.1.2014 of the 3rd respondent Registrar, 6 posts are lying vacant. In addition to this, one post of Deputy General Manager is also lying vacant. Once a Branch Manager is given promotion as Deputy General Manager ther

















































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top