IMPORTANT POINTS
The provisions under Rule 185(8) of the KCS Rules would reveal that it cannot be said to be an indefeasible right. It only says, in deserving cases the competent authority could consider the question of relaxation of the qualification other than basic qualification and pass in the competitive examination specified in sub-rule (5) of Rule 185 of the KCS Rules

JUDGMENT :

C.T. RAVIKUMAR, J.

1. This intra court appeal is directed against the judgment dated 25.07.2019 in W.P. (C) No. 17693/2019. The appellant was a third party to the writ petition. She preferred this appeal on obtaining leave. The first respondent herein/writ petitioner filed the writ petition seeking issuance of writ of certiorari to quash Ext.P7 and issuance of the writ of mandamus commanding the respondents 1 and 2 to promote him to the post of Internal Auditor/Branch Manager, with effect from 01.06.2018 and to grant all consequential benefits. The further prayer is to command the third respondent (the fourth respondent herein) to issue appropriate direction to the first respondent society viz. the second respondent herein, to grant promotion to the vacant post of Internal Auditor/Branch Manager, to the eligible employee in the feeder category.

2. The learned Single Judge virtually disposed of the writ petition on the following lines:-

“7. In the afore circumstances, I am certain that the Bank is now obligated to consider the petitioner's request for promotion immediately and to issue an appropriate order.

Resultantly, I order this writ petition and set aside Ext.P7 and consequently direct the 1st respondent-Bank to consider the petitioner's request for promotion as an Internal Auditor, after hearing him and his seniors in the seniority list of Accountants, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.”

3. A careful scanning of the operative portion of the impugned judgment would reveal that the learned Single Judge rightfully, did not issue any positive direction to promote the petitioner even after coming to the conclusion that the bank is obligated to consider the petitioner's request for promotion against the post of Internal Auditor which occurred on 01.06.2018 for he was qualified on the date of occurrence of the vacancy. To safeguard the interest of senior qualified hands, if any, direction was issued only to consider the petitioner's request for promotion as Internal Auditor after hearing him and also his seniors in the seniority list of the feeder category post viz. Accountant, within the time stipulated thereunder. In the said circumstances, the appellant cannot be heard to contend that prejudice has been caused to her. The contention of the appellant is that she is senior to the first respondent in the seniority list of Accountants and in view of the prayer for quashment of Ext.P7, she should have been made a party to the writ petition.

4. Heard the learned counsel appearing for the appellant, the learned counsel appearing for the first respondent as also the learned Government Pleader.

5. The grievance of the appellant has to be looked into, taking into account twin aspects. Admittedly, the post in question viz. a pivotal post of Internal Auditor has become vacant as early as on 01.06.2018. There cannot be any doubt with respect to the fact that functioning of a co-operative bank involving financial transactions without an Internal Auditor, for a period of more than two years is certainly to the detrimental to the interest, not only of the bank but also of the public at large. Going by the provisions under Rule 185 of the Kerala Co-operative Societies Rules (for short ‘the KCS Rules’) promotion is the method of appointment to fill up the post of Internal Auditor. In view of the decision of this Court in Thankamma vs. Registrar of Co-operative Societies, 1995 (2) KLT SN 52 (Page No. 39), what is to be taken into account in the matter is the qualification on the date of occurrence of vacancy. We have carefully gone through the pleadings of the appellant. Admittedly her qualification is only SSLC with JDC. In that context, it is relevant to refer to Rule 186 of the KCS Rules, which prescribes the qualifications for appointment to various posts