The main legal point established in the judgment is the interpretation and application of the Kerala Co-operative Societies Act, 1969, particularly R.185, R.181, and R.183, in the context of promotion and direct recruitment. The judgment clarified the eligibility criteria for promotion and upheld the legitimacy of direct recruitment as an alternate method of appointment.

1. The petitioner was appointed as Junior Clerk by direct recruitment, on 13.3.1998, to the service of the third respondent, a co-operative bank. She is a post graduate in Commerce with Higher Diploma in Co-operation.

2. The second respondent, the Co-operative Service Examination Board issued Ext.P1 notification calling for applications for recruitment in different co-operative establishments, including as Assistant Secretary in the third respondent bank. Contending that such selection and direct recruitment is impermissible in law, the petitioner has filed this Writ Petition on the further plea that she is entitled to be considered for promotion to that post in terms of R.185 of the Kerala Co-operative Societies Rules, 1969; the “Rules”, for short. She instituted the Writ Petition after moving the Joint Registrar seeking intervention in the matter. Acting on the fact that the petitioner moved the Joint Registrar, making complaint against the bank, she was placed under suspension. That is challenged by an amendment. Also challenged, by way of amendment, is Ext.P6 approved Feeder Category Rules as they now stand. The challenge thereto is on the ground that the prescription of direct recruitment, therein, as a method of appointment to the category of Assistant Secretary is impermissible on the face of the legislative mandate contained in R.185.

3. The President of the third respondent was impleaded as additional fifth respondent. The candidate who came out successful with the first rank, following the selection in terms of Ext.P1, was impleaded as additional sixth respondent.

4. The third respondent bank and the selected candidate impeach the entitlement of the petitioner for being considered for promotion to the post of Assistant Secretary and contend that on the face of Ext.P6 approved Feeder Category Rules, direct recruitment has been legitimately resorted to and such a course is not impermissible on the face of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as the “Act” and the Rules. It is also pointed out that the petitioner challenged Ext.P1 notification by moving the Joint Registrar only about 3 or 4 months after the issuance of Ext.P1 and it is unjustifiable for the petitioner to insist on any relief being granted in this Writ Petition, in any manner, interfering with the selection and appointment of the additional sixth respondent, when the claim of the petitioner is not sustainable in law. It is accordingly contended that a writ, as sought for, be not issued. However, the learned counsel for the bank has very fairly stated that the order placing the petitioner under suspension was issued because of lack of proper advice. No attempt was made to sustain that order in the course of arguments.

5. Going by her qualifications already noticed, the petitioner possesses the educational qualifications for being appointed as the Assistant Secretary. She is, in fact, a post graduate in Commerce and possesses Higher Diploma in Co-operation. As of now, she is aged 42 years. It is stated that she does not have the aid of any rule of reservation for further movement, up the ladder, by promotion. While it may be a matter of heart-burn for a person to stagnate for a quite long time in a particular post or category, as has happened to the petitioner, the entitlement for promotion is a matter which is governed by the Act, Statutory Rules and approved Feeder Category Rules. In the absence of any complaint about any unlawful denial of any promotion, the question that arises for decision in this case is as to whether the petitioner is entitled to claim appointment by promotion to the category of Assistant Secretary in the third respondent bank, though she is stagnating in the post of Junior Clerk from 13-3-1998, the date of her entry into service.

6. Going by Ext.P6 Feeder Category Rules, Junior Clerk/Junior Cashier is at Sl.No.7 and Assistant Secretary/Manager is at Sl.No.2. In between, there are four categories.