IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 11380 of 2008(D) --------------------------------------- PETITIONER: ----------------- SABU.S., ASSISTANT MANAGER, KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD., REGIONAL OFFICE, KOLLAM. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ---------------------- 1. THE KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, T.C.27/588 (7) & (8), CENTINEL IIIRD FLOOR, PATOOR, VANCHIYOOR, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, SC/ST DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. BY ADV. SRI.C.S.MANILAL FOR R1 BY GOVERNMENT PLEADER SHRI P. SANTHOSHKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.11380 OF 2008 = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of July, 2008 J U D G M E N T -------------------- The petitioner is working as an Assistant Manager in the first respondent Corporation. According to him he is qualified and eligible to be considered for promotion to the post of Regional Manager. In terms of the special rules applicable to the first respondent, the post of Regional Manager is to be filled up in the following manner: “Regional Manager a) By promotion from Deputy Manager/Assistant Manager/ Assistant Manager (Accounts) or b) Direct recruitment or c) By deputation from State Government service”. Therefore, one of the methods of appointment to the post of Regional Manager is by promotion from Assistant Manager/Assistant Manager (Accounts) in the Corporation. W.P(C) NO.11380 OF 2008 -: 2 :- Petitioner points out that one of the qualifications prescribed for promotion to the post of Regional Manager in the case of Assistant Manager is 7 years' experience. Petitioner was appointed as an Assistant Manager in the year 2000 and acquired the eligibility for being considered for promotion to the post of Regional Manager on 3.11.2007. He submits that there are currently 4 sanctioned posts of Regional Manager in the Corporation in Kollam, Ernakulam, Kozhikode and Kannur. On the premise that there are no qualified Assistant Managers, to be considered for promotion to the post of Regional Manager, currently all the 4 Regional Managers in the Corporation are persons appointed on deputation from outside. Petitioner submits that since he has acquired 7 years' experience as Assistant Manager, he is entitled to be considered for promotion to the post of Regional Manager in terms of the special rules. 2. A statement has been filed by the first respondent. Reference is made to Exhibit R1(a) decision taken by the Board of Directors of the first respondent. It is contended that the Board has taken a decision to abolish the post of Regional W.P(C) NO.11380 OF 2008 -: 3 :- Manager and it will be re-designated as District Manager. Both these require amendment of the special rules. In the circumstances, approval of the Government has been sought for in relation to Exhibit R1(a) decision. Government's approval has not been obtained. Exhibit R1(b) to which reference is made in this regard is pending consideration before the Government. Petitioner has filed a reply affidavit reiterating his contentions. 3. What is contemplated even under Exhibit R1(a) is not abolition of the post of Regional Manager, but a re-naming of the post of Regional Manager as District Manager. 4. I heard learned counsel for the petitioner, Shri P.C.Sasidharan, learned counsel for the first respondent Corporation, Shri Manilal and learned Special Government Pleader, Shri Santhosh Kumar. 5. The stand taken by the first respondent that the petitioner's claim for being considered to the post of Regional Manager cannot be considered on the premise that there is a proposal to re-name the post of Regional Manager to that of District Manager or even abolition of the post of Regional W.P(C) NO.11380 OF 2008 -: 4 :- Manager is not sustainable. Admittedly, the decision taken by the first respondent in that regard either to abolish the post of Regional Manager or re-name the same to that of District Manager requires the approval of the Government. It also necessitates amendment of the special rules which again requires the approval of the Government. Again it is not the case of the first respondent that there is no Regional Manager in the first respondent Corporation currently functioning in such capacity from the date of Exhibit R1(a). The case of the petitioner that there are currently 4 Regional Managers who are working on deputation from outside is not controverted. If that be so, there are vacancies in the post of Regional Manager currently available and if the petitioner is qualified in terms of the special rules he is entitled to be considered for being posted to the said post. In the result, the Writ Petition is disposed of directing the first respondent to consider the case of the petitioner for promotion to the post of Regional Manager, in accordance with the special rules for the Kerala State Backward Classes Development Corporation. Orders in this regard shall be W.P(C) NO.11380 OF 2008 -: 5 :- passed within a period of four weeks from the date of receipt of a copy of this judgment. V. GIRI, JUDGE. vsv