IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 21482 of 2010(I) -------------------------- PETITIONER(S): --------------- MADHUSUDANAN NAIR.A.K,JYOTHIS,ERAM, CHATHANNUR PO, KOLLAM 691 572. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE DIRECTOR OF DAIRY DEVELOPMENT, DIRECTORATE OF DAIRY DEVELOPMENT,PATTOM, THIRUVANANTHAPURAM-695 004. 2. KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR,MILMA BHAVAN,PATTOM PALACE PO, THIRUVANANTHAPURAM-695 004. 3. THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD.(TRCMPU) REPRESENTED BY MANAGING DIRECTOR,KSHEERABHAVAN, PATTOM PALACE PO,THIRUVANANTHAPURAM-695 004. BY GOVT. PLEADER SMT.ANITHA RAVINDRAN ADV. SRI.B.S.KRISHNAN, SENIOR ADVOCATE FOR R2 & 3 SRI.K.ANAND (A.201) FOR R2 & 3 SMT.LATHA KRISHNAN FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISISON ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 21482/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RELEVANT PAGES OF THE SENIORITY LIST OF EMPLOYEES IN MANAGERIAL/SUPERVISORY CADRE AS ON 1.2.2010 EXT.P2 : COPY OF THE RELEVANT PAGES OF THE APPROVED/RECRUITMENT POLICY WHICH PREVAILED AT THE TIME OF PETITIONER'S APPOINTMENT EXT.P3 : COPY OF THE PROCEEDINGS DATED 2.4.1994 OF THE 2ND RESPONDENT EXT.P4 : COPY OF THE REPRESENTATION FILED BEFORE THE 3RD RESPONDENT EXT.P5 : COPY OF THE REPRESENTATION SUBMITTED BY THE OFFICERS' FEDERATION OF THE 2ND RESPONDENT DATED 25.8.2006 EXT.P6 : COPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT TO THE SECOND RESPONDENT DATED 23.5.2007 EXT.P7 : COPY OF THE RESOLUTION NO.1170 DATED 18.12.2008 EXT.P8 : COPY OF THE COVERING LETTER DATED 19.2.2009 UNDER WHICH EXT.P7 RESOLUTION WAS FORWARDED EXT.P9 : COPY OF THE LETTER DATED 4.3.2009 EXT.P10 : COPY OF THE REPRESENTATION DATED 6.7.2010 EXT.P11 : COPY OF THE REPRESENTATION DATED 7.7.2010 EXT.P12 : COPY OF THE LETTER DATED 5.8.2011 ISSUED BY THE 1ST RESPONDENT EXT.P13 : COPY OF THE REPLY DATED 19.8.2011 ISSUED ON BEHALF OF THE 2ND RESPONDENT RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 21482 OF 2010 -------------------------- Dated this the 17th day of October, 2011 J U D G M E N T The petitioner, a M.Com degree holder is presently working as Assistant Manager (Finance & Accounts) in the Kollam Dairy of the third respondent Union. Shorn of details, the contention of the petitioner is that the second respondent which is the apex federation of milk producers unions in the State is yet to take a final decision on the question whether a Post graduate degree in Commerce (M.Com) should be equated with CA Inter/ICWA as a qualification for the purpose of promotion to the post of Manager (Finance & Accounts). The prayer in this writ petition is for an order restraining the respondents from filling up one vacancy of Manager (Finance & Accounts) in the third respondent Union till a decision is taken in the matter. It is contended that though the Registrar of Dairy Co- operatives has in Ext.P12 letter dated 5.8.2011 directed the Personnel Committee/Board of Directors of the second respondent to take an appropriate decision in the matter, till date the competent authority has not taken any decision, but the Manager (HRD) has on behalf of the Managing Director stated that no change in the recruitment rules is proposed. 2. In my opinion, in view of the direction issued by the Registrar of Dairy Co-operatives in Ext.P12 letter, the Personnel WPC No.21482/2011 2 Committee/Board of Directors of the second respondent should have taken a decision thereon pursuant to Ext.P12. A reading of Ext.P12 indicates that the direction therein was issued evidently on the representation submitted by the petitioner, a copy of which is produced and marked as Ext.P10. In such circumstances, I dispose of the writ petition with a direction to the Personnel Committee/Board of Directors of the second respondent to take a final decision in the matter of amendment of the recruitment rules pursuant to Ext.P12 letter dated 5.8.2011 sent by the Registrar of Dairy Developments expeditiously and in any event within two months from today. Until such time, one post of Manager (finance & Accounts) shall not be filled up on a regular basis. If the petitioner is aggrieved by the decision taken by the Personnel Committee/Board of Directors of the second respondent, it will be open to him to challenge the same in other appropriate proceedings. P.N.RAVINDRAN, (JUDGE) vps