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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P.V.BALAKRISHNAN
Joint Registrar of Co-Operative Societies (General), Kollam – Appellant
Versus
P. Jayakumar – Respondent
| Table of Content |
|---|
| 1. overview of the case and parties involved. (Para 2 , 3) |
| 2. arguments presented by both parties. (Para 4 , 5 , 6) |
| 3. examination of the promotion process under rule 185. (Para 7 , 8) |
| 4. assessment of qualifications required for promotion. (Para 9 , 10) |
| 5. conclusion regarding promoting practices and implications. (Para 11) |
JUDGMENT :
1. This intra-court appeal is filed by respondents 1,2 and 5 in W.P. (C) No.31152/2022, challenging the judgment dated 11.11.2022, passed by the learned Single Judge allowing the writ petition filed by the first respondent herein.
3. The learned Single Judge by judgment 11.11.2022, after hearing both sides and considering the materials on record, allowed the writ petition and set aside Exts.P10 and P12.
5. The learned counsel appearing for the appellants submitted that the learned Single judge has allowed the writ petition without considering Rule 185 of the Rules in a correct perspective. Relying on the decision in Padmaja K. v. Joint Registrar of Cooperative Societies (General) and Others, 2008 KHC 6878, he submitted that the benefit of the 2nd proviso to Rule 185 (1) works only in the zone of feeder category and its immediate lower categor
Promotions under the Kerala Co-operative Societies Rules require adherence to a hierarchy among feeder categories; direct promotions from lower categories violate these rules.
2nd proviso to Rule 185(1) is that if all employees in feeder category to a post relinquishes promotion, then an employee in immediate lower category shall be promoted to feeder category.
Promotions in public service must be based on the qualifications of candidates at the time of vacancy occurrence, and not on the timing of appointments or subsequent qualifications of other candidate....
Promotion eligibility must be determined based on established Service Rules, irrespective of current posting.
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
Promotion criteria and eligibility are determined by the employer's discretion, and employees do not have a vested right to promotions under repealed rules.
The principle of seniority-cum-merit mandates fair consideration for promotions, and failure to do so violates fundamental rights.
The main legal point established in the judgment is that executive instructions cannot override statutory rules, and any amendment to statutory rules must be issued by the competent authority in acco....
Accrued benefits on the employee prior to the changing of the Rule cannot be denied. The right accrued on the employees cannot be denied due to the wrong application of the Rule.
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