Kerala High Court
U.V.Joseph vs C.K.Prakasini
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 6TH DAY OF JUNE 2012/16TH JYAISHTA 1934
WP(C).No. 23725 of 2009 (I)
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PETITIONER(S):
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U.V.JOSEPH, BRANCH MANAGER (IN CHARGE),
PANAMARAM SERVICE CO-OP.BANK LTD.C.6643
KABINJAL BRANCH, CHERUKATTOOR P.O.
WAYANAD DISTRICT.
BY ADV. SRI.P.N.MOHANAN
RESPONDENT(S):
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1. C.K.PRAKASINI, BRANCH MANAGER,
PANAMARAM SERVICE CO-OP.BANK LTD.C. 6643
NEERVANAM BRANCH, NEERVANAM P.O., WAYANAD
DISTRICT.
2. PANAMARAM SERVICE CO-OP.BANK LTD.C. 6643
REPRESENTED BY SECRETARY/PRESIDENT, PANAMARAM P.O.
WAYANAD.
3. THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (G), KALPETTA, WAYANAD.
4. THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, THIRUVANANTHAPURAM.
5. SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM.
BY ADV. SRI.T.A.SHAJI
BY ADV. SRI.M.SASINDRAN
BY SR. GOVERNMENT PLEADER SRI. ABDUL SAMAD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 23725 of 2009 (I)
APPENDIX
PETITIONER(S) EXHIBITS :-
EXHIBIT P1: COPY OF THE FEEDER SUB RULES DATED 30.05.80
EXHIBIT P2: COPY OF THE CIRCULAR 44/82 DATED 28.09.82 OF THE REGISTRAR
EXHIBIT P3: COPY OF THE CIRCULAR NO. 37/84 DATED 25.08.84
EXHIBIT P4: COPY OF THE CIRCULAR NO. 37(A)/84 DATED 13.09.84
EXHIBIT P5: COPY OF THE FEEDER CATEGORY SUB RULES AMENDED W.E.F.
2.5.86 ALONG WITH FULL TEXT
EXHIBIT P6: COPY OF THE CIRCULAR NO. 57/03 DATED 7.11.03 BY THE
REGISTRAR OF CO-OPERATIVE SOCIETIES
EXHIBIT P7: COPY OF THE PETITION DATED 5.2.04 FILED BEFORE THE JOINT
REGISTRAR
EXHIBIT P8: COPY OF THE ORDER OF THE JOINT REGISTRAR
EXHIBIT P9: COPY OF THE ORDER OF THE GOVERNMENT DATED 30.06.2005
EXHIBIT P10: COPY OF THE AWARD OF THE ARBITRATION COURT DATED 16.11.06
EXHIBIT P11: COPY OF THE ORDER IN APPEAL DATED 30.05.2009 OF THE TRIBUNAL
EXHIBIT P12: COPY OF THE FEEDER CATEGORY SUB RULES OF THE BANK WITH
A COVERING LETTER OF THE SECRETARY DATED 3.7.2010
EXHIBIT P13: COPY OF THE REQUEST OF THE PETITIONER
EXHIBIT P14: COPY OF THE SENIORITY LIST
RESPONDENTS' EXHIBITS :-
EXHIBIT R1(a): COPY OF THE PROCEEDINGS DATED 10.02.2003 OF THE
PRESIDENT OF THE BANK
EXHIBIT R1(b): COPY OF THE SENIORITY LIST AS ON 31.03.2003 PUBLISHED BY
THE 2ND RESPONDENT BANK
/TRUE COPY/
P.A. TO JUDGE
DCS
A.M.SHAFFIQUE, J
* * * * * * * * * * * * *
W.P.C.No.23725 of 2009
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Dated this the 6th day of June 2012
J U D G M E N T
Though this writ petition is filed challenging Exts.P10 and P11 and for a declaration that the petitioner is senior to that of the 1st respondent in the cadre of junior clerk, senior clerk and accountant and for other consequential reliefs, when the above writ petition came up for hearing the petitioner limited his prayer for a declaration that he is entitled to be promoted as Assistant Secretary from 01/01/2008 on the occurrence of vacancy as against the claim of the 1st respondent.
2. According to the petitioner, the 1st respondent was promoted as Accountant on 01/02/2004 and the petitioner was promoted only on 01/09/2008 overlooking his seniority. Subsequently the 1st respondent was promoted as Branch Manager on 01/12/2005 and the petitioner was given additional charge as Branch Manager on 05/09/2005. It is alleged that the promotions were given to the 1st respondent when the case was pending before the statutory authorities wherein he had claimed that he was senior to that of the 1st respondent. W.P.C.No.23725/09 2
3. It is also contended that the next promotion is that of Assistant Secretary/Chief Accountant and the 1st respondent cannot be promoted as she is not qualified. Qualification for the said post is graduation. The petitioner contends that he is qualified to the post of Assistant Secretary. Though a vacancy had arisen on 01/01/2008, the petitioner was not given appointment as Assistant Secretary even though he had staked a claim. He filed W.P.C.No.4602/2009 to consider his claim and this Court had directed in the judgment dated 11/02/2009 to consider the claim of the petitioner and no orders are passed so far. According to the petitioner, he is the only qualified senior most employee and requires to be promoted to the post of Assistant Secretary. The post of accountant is in the feeder category of Assistant Secretary as per Clause 2 of Ext.P5 Feeder Category Rules. So, according to the petitioner, he is entitled to be promoted to such appointment.
4. The main crux of the argument of the petitioner is that even if appointments were given to the 1st respondent overlooking his seniority, as far as the present post of Assistant Secretary/Chief Accountant is concerned as on the date when the W.P.C.No.23725/09 3 vacancy arose, that is 01/01/2008, the 1st respondent was not a graduate and was not entitled for promotion.
5. The 1st respondent has filed a counter affidavit inter alia contending that she has entered service in the bank as typist on 15/7/1982 and became a junior clerk on 20/03/1986. She was promoted to the post of senior clerk on 01/01/2003 and was promoted as accountant. Though the matter was under
challenge finally as per Ext.P10 award in A.R.C.No.41/05 promotion was upheld which was confirmed by Ext.P11 order of the Tribunal. She claimed to be senior to the petitioner. However, there is no denial of the facts stated in paragraph 14 of the writ petition wherein the petitioner had made a claim for the post of Assistant Secretary which had arisen on 01/01/2008. The petitioner had also filed an amendment petition as I.A.No.1060/2010 seeking to amend the writ petition challenging Ext.P14 which is the seniority list published by the respondents in which the petitioner is shown as junior to the 1st respondent.
6. Heard the learned counsel appearing on either side.
7. The only issue to be considered in this case is whether the petitioner or the 1st respondent is entitled to be appointed to W.P.C.No.23725/09 4 the post of Assistant Secretary which arose on 01/01/2008. Though it is argued by the counsel appearing for the 1st respondent that the 1st respondent is also a graduate she was graduated only on 18/10/2010. Admittedly the vacancy for the post of Assistant Secretary had arisen on 01/01/2008 and that is a feeder category from the post of Accountant. Since the qualification required is graduation as on the date when the vacancy had arisen the petitioner alone was entitled for appointment. In that view of the matter, the petitioner's claim for appointment as Assistant Secretary overlooking the 1st respondent cannot be denied. The 1st respondent admittedly was not qualified for the said post as on the date when the vacancy had arisen and as such there is no difficulty in coming to a conclusion that the petitioner is entitled for appointment to the post of Assistant Secretary/Chief Accountant.
8. Hence this writ petition is only to be allowed. It is declared that the petitioner is entitled to be promoted as Assistant Secretary from 01/01/2008 on the occurrence of the vacancy and he is entitled for all consequential benefits arising therefrom. Respondents 2 to 4 are directed to pass appropriate W.P.C.No.23725/09 5 orders as early as possible.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.23725/09 6 W.P.C.No.23725/09 7 THOMAS.P.JOSEPH,J.
Crl.M.C.No. of 200
ORDER 19/01/2011