IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WA.No. 159 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.3114/2011 DATED 31/01/2011 .................... APPELLANT(S): RESPONDENTS 4 & 5 ------------------------- 1. INDIRA T.K., SALES HELPER, CONSUMERFED HEAD OFFICE, GANDHI NAGAR, ERNAKULAM-682020. 2. SHINI A.V., SALES HELPER, CONSUMERFED HEAD OFFICE, GANDHI NAGAR, ERNAKULAM-682020. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): PETITIONERS AND RESPONDENTS 1 - 3 -------------------------- 1. FREDY J., FIBITHA BHAVAN, KANNATHURA BEACH P.O., THIRUVANANTHAPURAM, WORKING AS SALES HELPER, TRIVENI GODOWN, KESAVADASAPURAM, THIRUVANANTHAPURAM. 2. BALACHANDRAN M., T.C.17/950(1) SAI, POOJAPURA-VNRA-15-2(A), THIRUVANANTHAPURAM, WORKING AS SALES HELPER (DATA ENTRY HELPER), TRIVENI GODOWN-II, KESAVADASAPURAM, THIRUVANANTHAPURAM. 3. JAYACHANDRAN T., K.V.MANDIRAM, NEAR RAILWAY STATION, BALARAMAPURAM P.O., THIRUVANANTHAPURAM, WORKING AS SALES HELPER, TRIVENI SUPERMARKET, BALARAMAPURAM, THIRUVANANTHAPURAM. WA NO.159/2011 4. SUBHASH P., PULLOOR HOUSE, NALLUR, FEROKE P.O., KOZHIKODE, WORKING AS SALES HELPER, FL-110018, LIQUOR SHOP, BALUSSERY, CALICUT. 5. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM-695001. 6. THE REGISTRAR OF CO-OP. SOCIETIES, THIRUVANANTHAPURAM-695001. 7. THE KERALA STATE CO-OP. CONSUMER FEDERATION LTD., GANDHI NAGAR, ERNAKULAM, REP. BY ITS MANAGING DIRECTOR, PIN-682020. ADV. SRI.M.SASINDRAN, SC, CONSUMERFED FOR R7 SRI.B.S.SWATHY KUMAR FOR R1 TO 4 SMT.P.A.ANITHA FOR R1 TO 4 SMT.S.MEERA FOR R1 TO 4 SMT.M.G.AISHWARYA FOR R1 TO 4 SMT.ANU SIVARAMAN, SPL. GOVERNMENT PLEADER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2011, ALONG WITH WA NO.172 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.Nos.159 & 172 of 2011 --------------------------------- Dated, this the 11th day of March, 2011 J U D G M E N T Ramachandran Nair, J. Connected Writ Appeals are filed against the interim order passed by the learned Single Judge in WP(C) No.3114/2011. 2. We have heard Shri.M.R.Rajendran Nair, learned Senior counsel appearing for the appellants in W.A.No.172/2011, Shri.P.C.Sasidharan, learned counsel appearing for the appellants in W.A.No.159/2011, and learned counsel for the respondents. 3. The appellants totaling 10 in both the Writ Appeals are presently working either as Sales Assistant Gr.II or as Sales Assistant Gr.I in the State Co-operative Consumer Federation based on promotions given to them, which is under challenge in the Writ Petition. Total number of persons promoted as Sales Assistants Gr.1 or as Sales Assistants Gr.II are as many as 157. The case of the petitioners in the Writ Petition is that promotions are irregular because recruitment to the promotion post was left to the PSC with W.A.Nos.159 & 172/2011 -2- effect from 19/08/2009. Accepting the arguments of the petitioners prima facie, the learned Single Judge directed reversion of all persons promoted by the Federation. During admission of the Writ Appeals, we have granted orders maintaining status quo. Consequent upon our interim orders, those promoted are functioning as Sales Assistants Gr.I or as Sales Assistants Gr.II. The appellants counsel submitted that none of the petitioners in the Writ Petition, who are party respondents herein, are eligible for promotion. We do not think there is any need for us to consider the eligibility of the appellants for promotion or the legality or propriety of the orders promoting them. However what we feel is that the demotion of those who have already joined and have started functioning as Sales Assistants Gr.I or as Sales Assistants Gr.II, total number of whom are as many as 157, will leave a vacuum in the functioning of the Federation. The learned Single Judge has not suggested any alternative for filling up the 157 posts given to the promotees. Therefore, we feel, the interim order passed by the learned Single Judge, which amounts to virtually allowing the Writ Petition should be vacated. However, since the learned Single Judge W.A.Nos.159 & 172/2011 -3- has prima facie found that there is irregularity, we feel, the matter should be heard immediately. 4. Accordingly, we allow the Writ Appeals by vacating the interim order of the learned Single Judge but with a direction to the appellants and the respondents to file additional affidavits or counter affidavits as required before the learned Single Judge and to get ready in the matter for hearing. If the appellants in these Writ Appeals want to implead in the Writ Petition, they can file impleading application and counter affidavit within ten days from now. The Writ Petition will be listed before the learned Single Judge for hearing and disposal subject to his convenience immediately after ten days. Sd/- (C.N.RAMACHANDRAN NAIR, JUDGE) Sd/- (BHABANI PRASAD RAY, JUDGE) jg