IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 28882 of 2011(I) --------------------------------- PETITIONER(S): ------------------- THOMAS JOHN,SENIOR DEPUTY GENERAL MANAGER,IN CHARGE OF GENERAL MANAGER, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD,. PATHANAMTHITTA 689 645. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): -------------------- 1. PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK,REPRESENTED BY ITS GENERAL MANAGER, PATHANAMTHITTA-689 645. 2. THE PRESIDENT, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK,PATHANAMTHITTA- 689 645. 3. THE DISTRICT OFFICER,KERALA PUBLIC SERVICE COMMISSION,PATHANAMTHITTA -689 645. 4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),PATHANAMTHITTA -689 645. R1 & R2 BY ADV. SRI.T.P. PRADEEP, SC., DIST. CO-OP. BANK R3 BY ADV. SRI.P.C.SASIDHARAN, SC. K.P.S.C. R4 BY GOVT. PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 28882/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.ADM/ESTT/E1/1944/1112 DATED 24/05/2011. P2: COPY OF THE REPRESENTATION DATED 12/09/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3: COPY OF THE ORDER NO.CRB 1215/2010 DATED 13/07/2011 OF THE 4TH RESPONDENT. P4: COPY OF THE INTERIM ORDER DATED 19/10/2011 IN WPC. NO.27004/2011 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ------------------------------------------- WP (C) No. 28882 of 2011 ------------------------------------------- Dated this the 8th day of November, 2011 JUDGMENT The petitioner is presently working as Deputy General Manager in the Pathanamthitta District Co-operative Bank Ltd., the first respondent herein. He is due to retire form service on 30.11.2011. The post of General Manager in the first respondent bank is lying vacant since 2007 and as the senior most Deputy General Manager, the petitioner is holding charge of that post. 2. As per rule 185 (4) of the Kerala Co-operative Societies Rules, substantive vacancies of General Manager in the District Co-operative Banks have to be filled up by direct recruitment. In other words an employee in the service of a District co-operative Bank can aspire to be appointed as General Manager of that bank or of any other bank only by direct recruitment and not by promotion. In this writ petition, the petitioner seeks a declaration that he is entitled to be promoted to the post of General Manager of the first respondent bank and seeks a direction to the respondents to promote him to that post with retrospective effect from 11.8.2010 with monetary benefits. 3. A ranked list published by the Kerala Public Service WP(C)No. 28882 of 2011 -2- Commission on 26.4.2011 for appointment to the post of General Manager in the first respondent bank is in force. Sub rule (4) of rule 185 stipulates that substantive vacancies of General Manager in District Co-operative Banks shall be filled up only by direct recruitment. In the light of the statutory provisions, the petitioner cannot seek or be granted all or any of the reliefs prayed for by him. In view of the statutory provisions, the petitioner cannot claim appointment to the post of General Manager by promotion. Though the learned counsel appearing for the petitioner contended relying on Ext.P1 proceedings of the President of Thiruvananthapuram District Co-operative Bank that the senior most Deputy General Manager in that bank was temporarily promoted as General Manger, I am of the opinion that such an illegal order cannot be relied on to contend that the same illegality should be repeated to promote the petitioner. I therefore find no grounds to entertain the writ petition. The writ petition fails and is dismissed. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge