Promotions and reversion must comply with the established qualifications and procedures as per regulations to ensure legal validity and fairness.

JUDGMENT

Dated this the 6^th day of December, 2019

W.P.(C).No.21914/2019 was filed by the Chief Inspecting Officers (Administrative Officer cadre) working with the Kerala State Co-operative Agricultural and Rural Development Bank (hereinafter referred to as the “Bank”) aggrieved by an order of reversion from the above post to the post of Regional Manager.

2. W.P.(C).No.24131/2019 was filed by the Regional Managers and Deputy Manager respectively working with the Bank aggrieved by an order of demotion while holding the said post. The petitioners 1 and 2 were promoted as Regional Managers and the third petitioner was promoted as the Deputy Manager. They were demoted to the post of the Deputy Managers and Assistant Manager respectively.

3. This case arose in a peculiar context. The sixth respondent in W.P.(C).No.21914/2019, namely, Aparna Prathap was appointed to the post of General Manager of the Bank. She was promoted to the above post while she was working as the Administrative Officer. Her promotion was challenged by the petitioners in W.P.(C) No.21914/2019 in W.P. (C).No.36878/2018. Therein, this Court noting the mandate of Rule 185(4)(i) of the Kerala Co-operative Societies Rules , 1969 (for short, the “K.C.S Rules”) which stipulates that the General Manager in the Kerala State Co-operative Bank and the District Co-operative Banks can be appointed only by way of direct recruitment, ordered her reversion to the post which she is legally entitled to hold. There was also controversy in regard to her right to hold the post of the Administrative Officer/Regional Manager. However, noting that it was not an issue that had arisen in the matter, this Court left open the said issue.

4. The petitioners’ case is that, as a counter blast to the challenge made by the writ petitioners in W.P. (C).No.21914/2019, Smt. Aparna Prathap passed the present order of reversion, reverting the petitioners therein to the post they were holding prior to their promotion. In W.P. (C).No.36878/2018, the petitioners had raised a challenge in regard to the continuation of Smt. Aparna Prathap in the post of Administrative Officer/Regional Manager as well. They submitted that in spite of the order of reversion, Smt. Aparna Prathap is continuing to exercise her duties as that of General Manager.

5. Two issues arise for consideration in these matters. One is in regard to the legality of the order of reversion in respect of the petitioners and, the other is in regard to the right of Smt. Aparna Prathap to hold the post of Administrative Officer/Regional Manager.

6. In terms of Rule 185(3), substantive vacancies in the post of Deputy General Manager in in the Kerala State Co-operative Bank and the District Co-operative Banks as well as the post of the Administrative Officer and Regional Manager in the Kerala State Co-operative Agricultural and Rural Development Bank shall be filled by promotion and direct recruitment in the ratio 1:1.

7. It is appropriate to refer to the relevant provisions of the K.C.S. Rules which are required to be considered in this case. Rule 185 (3), (4) (5) & (6) of the K.C.S. Rules read as follows:

“(3) Substantive vacancies in the following posts shall be filled up by promotion and direct recruitment in the ratio 1:1 namely:-

(i) Deputy General Manager in the Kerala State Co-operative Bank and in the District Co-operative Banks;

(ii) Administrative Officer and Regional Manager and equivalent posts in the Kerala State Co-operative Bank Co-operative Agricultural and Rural Development Bank Ltd.

(4) Substantive vacancies in the following posts shall be filled up only by direct recruitments;

(i) General Manager in