IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WA.No. 2032 of 2007 ----------------------------- AGAINST THE JUDGEMENT IN OP.22368/2000 Dated 20/03/2007 .................... APPELLANT(S): PETITIONERS 1,3 AND 5 IN O.P. ------------------- 1. M.C.SELINA, W/O. O.K.JOSE, OLARI HOUSE, MUKKATTUKARA, P.O.NETTISSERY, THRISSUR DISTRICT. 2. P.A.RADHAKRISHNAN, S/O.P.K.AYYAPPAN, POOKKOTTIL HOUSE, P.O.PERAMANGALAM, THRISSUR DISTRICT. 3. MARIA ANITHA ISABELLA, W/O. LATE JOSHY THARU, ELENJIKKAL HOUSE, CHURAKKATTUKARA, PUZHAKKAL, THRISSUR. BY ADV. SRI.N.P.SAMUEL RESPONDENT(S): RESPONDENTS. ------------------------ 1. STATE OF KERALA, REPRERSENTED BY COMMISSIONER AND SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE PHARMACEUTICAL CORPORATION (INDIAN MEDICINES) KERALA LTD., THRISSUR, REPRESENTED BY THE MANAGING DIRECTOR, SHORNUR ROAD, THRISSUR 680 001. 3. THE SECRETARY, DEPARTMENT OF BUREAU OF PUBLIC ENTERPRISES, PLANNING AND ECONOMIC AFFAIRS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. WA.No. 2032 of 2007 - 2 - 4. THE BOARD OF DIRECTORS, REPRESENTED BY CHAIRMAN, THE PHARMACEUTICAL CORPORATION (INDIAN MEDICINES) KERALA LTD., SHSORNUR ROAD, THRISSUR - 1. 5. E.SHIBU, MANAGER, THE PHARMACEUTICAL CORPORATION (I.M.) KERALA LTD., "OUSHADHI", SHORNUR ROAD, THRISSUR - 1. 6. FIJI C.DAVID, MANAGER, THE PHARMACEUTICAL CORPORATION (I.M.) KERALA LTD., "OUSHADHI", SHORNUR ROAD, THRISSUR - 1. 7. G.RAJESH, MANAGER, THE PHARMACEUTICAL CORPORATION (I.M.) KERALA LTD., "OUSHADHI", KUTTANELLOOR, THRISSUR - 680 014. 8. R.SURESH KUMAR, MANAGER, THE PHARMACEUTICAL CORPORATION (I.M.) KERALA LTD., SHORNUR ROAD, THRISSUR - 1. R1 BY GOVT. PLEADER SMT. N. SUDHAMANI. R2 AND R4 BY ADV. SRI.U.K.RAMAKRISHNAN & SRI.E.K.MADHAVAN R5 TO R8 BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.PETER JOSE CHRISTO & SMT.N.SANTHA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON 05/08/2009 DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. ------------------------------ W.A. No.2032 of 2007 ------------------------------ Dated this, the 5th day of August, 2009 JUDGMENT Balakrishnan Nair, J. The appellants were the petitioners in the Original Petition. The respondents herein were the respondents. The appellants approached this Court, feeling aggrieved by the steps taken by the second respondent to fill up four posts of Managers by direct recruitment. Ext.P3 is the notification issued by the second respondent inviting applications for the said post. After completing the selection, four of the candidates were appointed by Exts.P4 to P7. Challenging Exts.P4 to P7, the writ petition was filed. The claim of the appellants was that, some of the vacancies arose before the coming into force of the new Rules. According to the appellants, it came into force on 12.12.1998, whereas according to the respondents it came into force on 8.6.1998, the date on which the draft Rules were approved by the Government. The appellants submitted that the claim for promotion is to be decided with reference to the rules prevailing on the date of occurrence of vacancy and in that case, three of the vacancies arose before 8.6.1998 and therefore, the claim of the appellants, who are in W.A. No.2032 of 2007 - 2 - the feeder category for promotion, should have been considered. The second respondent filed a counter affidavit, resisting the prayers in the Original Petition. According to the said respondent, only two vacancies arose after the coming into force of the new Rules. Even assuming that the old Rules had to be followed for filling up those vacancies, there were a few seniors of the appellants/petitioners and though they have approached this Court, the original petition filed by them has been dismissed and they have not filed any appeal also. It is also pointed out that, petitioners do not have training in Co-operation which is one of the obligatory qualification for appointment in a clerical post in a Co- operative Society, as per the old Rules. Admittedly, the appellants are having only S.S.L.C. and therefore, they are not qualified even for appointment as L.D.C.. 3. The learned Single Judge considered the rival submissions and dismissed the writ petition. Hence this writ appeal. The point canvassed before the learned Single Judge that, the vacancies have to be filled up having regard to the rules in force at the time of occurrence of the vacancies, was urged before us also. It is an admitted position that the appellants have not cleared the J.D.C. or H.D.C.. Going by Rule 186 of the Kerala Co-operative Societies Rules, it is mandatory to have the qualification of J.D.C. for appointment as a W.A. No.2032 of 2007 - 3 - clerk in a Co-operative Society. The feeder category sub-rules framed under Rule 185(c), cannot override the said statutory requirement. So, even according to the old Rules, the appellants were not qualified for promotion. There is no reason to interfere with the judgment of the learned Single Judge. Accordingly, we affirm the judgment of the learned Single Judge, though slightly on a different ground. Accordingly, the Writ Appeal is dismissed. Sd/- K. Balakrishnan Nair, Judge. Sd/- C.T. Ravikumar, Judge. DK. (True copy) P.S. to Judge.