Kerala High Court
K.R.Raveendran vs State Of Kerala on 3 November, 2008
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30101 of 2008(H)
1. K.R.RAVEENDRAN, AGED 54 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. KERALA CO-OPERATIVE FEDERATION FOR
3. THE REGISTRAR OF FISHERIES CO-OPERATIVE
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent :SRI.P.K.VIJAYA MOHANAN, SC, MATSYAFED
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :03/11/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P.(C.) No.30101 of 2008
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Dated, this the 3rd day of November, 2008
J U D G M E N T
The petitioner seeks a direction to the 2nd respondent, a Co-operative Society, which works with Government participation, not to fill up the post of Deputy General Manager (Finance, Accounts and Internal Audit) by deputation. His contention is that he is, at present, holding charge of that post and as per Ext.P1 Government Order and Ext.P2 Feeder Category Rules, the method of recruitment to that post is by promotion. It is, accordingly, contended that the Feeder Category Rules does not authorise deputation.
2. The 2nd respondent has filed a counter affidavit, placing therewith Ext.R2(a), which, according to it, is the Special Rules issued with the approval of the Registrar in supersession of Ext.P2.
WP(C) No.30101/2008 -2-
3. The 2nd respondent passed resolution No.661 at its meeting held on 15th & 16th July, 2008 to take recruits through deputation from the Finance Secretariat of the Government, to appoint a Deputy General Manager (F & A) on deputation for a period of one year. Going by Ext.R2(a) Special Rules, promotion, deputation and direct recruitment are methods of appointment to the category of Deputy Manager (F& I), serial No. 37 in Ext.R2(a).
4. Section 80B(4) of the Kerala Co-operative Societies Act and Rule 185A of the Kerala Co-operative Societies Rules provide for deputation. Section 80B and Rule 185 sub-rule (1) authorise the making of the feeder category by the Co-operative Society. That feeder category, on approval, will bind the establishment also. Even if the feeder categories are thus prescribed, deputation would be available as a method of recruitment only in situations, which warrant such a course, having regard to Rule 185A. WP(C) No.30101/2008 -3- Whatever that be, while deputation cannot be used as a weapon to deprive a legitimate aspiration for being considered for promotion in the case in hand, the uncontroverted plea of the 2nd respondent, in paragraph 4 of the counter affidavit, is that the petitioner is only an Assistant Manager and he is, therefore, not in the feeder category for promotion to the post of Deputy General Manager.
5. Going by Ext.R2(a), Managers constitute the feeder category to the post of Deputy General Manager. Assistant Managers constitute the feeder category to the post of Deputy Manager, which category, in turn is the feeder category for the posts of Managers. Therefore, going by the counter affidavit, the petitioner is two steps below the feeder category for the post of Deputy General Manager. With that factual situation, even if it is taken that Ext.P2 is the Feeder Category Rules in vogue, Managers form the WP(C) No.30101/2008 -4- feeder category for consideration for promotion to the post of Deputy General Manager. As already noticed, in spite of a reply affidavit is being placed on record, the contention of the 2nd respondent that the petitioner is not in the feeder category, he being only an Assistant Manager, is not controverted.
6. With that scenario, the petitioner has no locus to challenge any proposal for deputation to the category of Deputy General Manager (F & A) in the establishment of the 2nd respondent, since, the petitioner cannot be conceived to be a person aggrieved by any such course of action. Hence, the writ petition fails and it is, accordingly, dismissed.
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) jg