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HIGH COURT OF KERALA
C.T.RAVIKUMAR, N. NAGARESH, JJ
APARNA PRATHAP, – Appellant
Versus
ABDUL SHUKUR NAHA, – Respondent
WA/2525/2019
Reversion - Employment Law - K.C.S. Rules - Rules 181, 185 - The court analyzed the legality of reversion orders in the context of qualifications mandated by the K.C.S. Rules, upholding the necessity for qualifications and inspecting the appropriateness of self-reversion actions in employment disputes.
Fact of the Case:
The case involves challenges to reversions of employees within a cooperative bank. The petitioners were reverted to lower positions, claiming the action was vindictive following their legal challenges against prior promotions. The core issue revolved around qualifications required for the disputed posts as dictated by co-operative society rules.
Issues: The principal issue was whether the actions reversing employee promotions were lawful under the K.C.S. Rules given the qualifications required, and whether the authority to revert employees was properly exercised.
Ratio Decidendi: The court held that the managing committee failed to administer the reversion process correctly, neglecting to apply necessary qualifications stipulated in the K.C.S. Rules, thus confirming that no individual can determine their own reversion, emphasizing the need for impartial authority in these decisions.
Final Decision: All appeals dismissed, upholding the original judgment.
JUDGMENT
Ravikumar, J.
Common judgment dated 6.12.2019 in W.P.(C)Nos.21914 and 24131 of 2019 is under challenge in the captioned appeals. W.A.No.2534 of 2019 is directed against the judgment in W.P.(C) No.24131 of 2019 and all the other appeals are directed against the judgment in W.P(C)No.21914 of 2019. Respondent Nos.4 and 5 in W.P. (C) No.21914 of 2019 filed W.A.No.2491 of 2019 and respondent Nos. 6 and 7 therein filed W.A.Nos.2525 of 2019 and 707 of 2020 respectively. W.A.No.2538 of 2019 is filed by the petitioners in W.P. (C)No.21914 of 2019. W.A.No.2534 of 2019 is by the respondents 4 to 6 in W.P.(C)No.24131 of 2019. The appellants in W.A.No.2538 of 2019, who are Chief Inspecting Officers in the Administrative Officer Cadre of Kerala State Co-operative Agricultural and Rural Development Bank, for short 'the Bank', filed W.P.(C)No.21914 of 2019 on being aggrieved by their reversion to the post of Regional Manager. W.P. (C)No.24131 of 2019 was filed by respondent Nos.1 to 3 in W.A.No.2534 of 2019. Earlier, respondents 1 and 2 in the said writ appeal were, promoted as Regional Managers and 3rd respondent therein was promoted as Deputy Manager. In W.P.(C)No.24131 of 2019 respondent Nos.1 and 2 in W.A.No.2534/2019 challenged their reversion to the post of Deputy Manager and the 3rd respondent challenged his reversion to the post of Assistant Manager. The learned Single Judge disposed of both the writ petitions as per the common judgment dated 6.12.2019 on the following lines:-
“i. Impugned proceedings reverting the petitioners are set aside.
ii. Smt.Aparna Prathap is restrained from discharging duties as that of Managing Director or General Manager.
Iii. The Deputy General Manager or senior-most qualified officer in the cadre of Administrative Officer/Regional Manager alone shall be given the additional charge of Managing Director or General Manager if the office as above are vacant. Smt.Aparna Prathap can continue in the post of Administrative Officer subject to her qualifying in the next exam in terms of Rule 185(6) of the K.C.S. Rules and subject to observation at para.16. No costs. "
It is aggrieved by the said common judgment in the aforesaid manner that the captioned appeals have been filed.
2. For the sake of convenience, hereafter in these appeals the parties are referred to in accordance with their rank and status in the writ petitions and the documents are referred to in the order they are set forth in the writ petitions, unless otherwise specifically mentioned. The above mentioned writ petitions from which the captioned appeals arose were filed raising various contentions and allegations. The learned Single Judge noted the following factual background for the writ petitions. Earlier, Smt.Aparna Prathap, who was the 6th respondent in W.P.(C)No.21914 of 2019 was promoted to the post of General Manager of the Bank while working as Administrative Officer. The said promotion was challenged by the petitioners in W.P.(C)No.21914 of 2019 by filing W.P.(C)No.36878 of 2018 and it culminated in Ext.P1 judgment. Ext.P1 is, in fact, a common judgment in W.P.(C)Nos.36878 of 2018 filed by the petitioners in W.P.(C)No.21914 of 2019, 38679 of 2017 filed by the 6th respondent in W.P.(C)No.21914 of 2019 and 14792 of 2017. In W.P.(C)No.38679 of 2017 the 6th respondent prayed to interdict the attempt of the statutory authorities to revert her from the post of General Manager and the petitioners in the other two writ petitions questioned the appointment of the said 6th respondent as the General Manager of the Bank. Taking note of the mandate of Rule 185(4)(i) of the Kerala Co- operative Societies Rules, 1969, for short 'the KCS Rules', stipulating 'Direct Recruitment' as the method of appointment to the post of General Manager in the Kerala State Co-operative Bank and the District Co-operative Banks, this Court, as per Ext.P1 judgment, marked as such in W.P.(C)No.21914 of 2019, directed the Managing Committee of the Bank, the 4th respondent
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