IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 38022 of 2007(B) ---------------------------------------- PETITIONER: -------------------- K.NARAYANA PILLAI, DEPUTY MANAGER(ACCOUNTS SECTION), KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK, HEAD OFFICE, THIRUVANANTHAPURAM. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------------------- 1. KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LIMITED NO.4017, STATUE JUNCTION, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. *ADDL.R3 & R4 ARE IMPLEADED: R3. KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK TECHNICAL STAFF ASSOCIATION HAVING REGISTRATION NO.170/83, REPRESENTED BY ITS G GENERAL SECRETARY, THIRUVANANTHAPURAM. R4. N.ANIL KUMAR, AGRICULTURAL OFFICER, K.S.C.A. & R.D. BANK, NOW WORKING AS RESEARCH ASSOCIATE, STAFF TRAINING CENTRE, ERNAKULAM. (*ADDL.R3 & R4 ARE IMPLEADED AS PER ORDER DTD. 1/04/2008 IN I.A.NO.2149/2008) R1 BY ADV. SRI.GEORGE POONTHOTTAM R2 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN ADDL.R3 & R4 BY ADV. SRI. ELVIN PETER. P.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2008 ALONG WITH WPC NO. 476 OF 2008 , WPC NO. 608 OF 2008 AND WPC NO. 2554 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.38022/2007 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF APPROVED FEEDER CATEGORY RULES OF THE 1ST RESPONDENT BANK. EXT.P2: COPY OF LETTER DTD. 24/10/01 ISSUED BY THE GOVERNMENT. EXT.P3: COPY OF JUDGMENT DTD. 3/08/04 IN WA 1312/04. EXT.P4: COPY OF CIRCULAR DTD. 14/03/07 ISSUED BY THE GOVERNMENT. EXT.P5: COPY OF REPRESENTATION DTD. 6/11/07 SUBMITTED BY THE PETITIONER. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.38022/2007-B, 476/2008-F, 608/2008-V & 2554/2008-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of April, 2008. JUDGMENT 1. This bunch of matters relates to the question of promotion to the category of Regional Managers in the service of the Kerala State Co-operative Agricultural and Rural Development Bank Ltd. By common judgment dated 28-3-2008, I had disposed of these writ petitions by relegating the parties for arbitration in view of the judgments of this Court in Prakasini's case [2006(1) KLT 199] and in Raveendran's case [2007(3) KLT 228 DB]. Thereafter, on being mentioned by the learned counsel for the petitioner in WP(C).2554/2008, these matters were listed to be spoken to. WP(C)38022/2007 & con. cases -: 2 :- 2. Pointing out different aspects of these cases, the learned counsel stated that no effective relief could, ultimately, be given in arbitration, having regard to the facts situation of the issues in hand. Accordingly, after hearing the entire matter again, the judgment dated 28-3-2008 is recalled and these writ petitions are re-opened. 3. Heard learned counsel for parties afresh. 4. By the approved Feeder Category Rules, Agricultural Development Officers and Deputy Managers form the feeder category for promotion to the post of Regional Manager in the ratio 1:2. While those Feeder Category Rules were in force, Rule 185 of the Kerala Co-operative Societies Rules, 1969 was amended, inter alia, taking away the authority to frame Feeder Category Rules in relation to the category of Regional Managers and the Rules themselves prescribing selection of candidates to the WP(C)38022/2007 & con. cases -: 3 :- posts to be filled up by promotion as Regional Managers on the basis of seniority in the feeder category from among those who have passed the qualifying examination, to be conducted by an authority appointed by the Government. The State Co-operative Union is stated to have been the nominated authority of the Government to conduct the examination at that point of time. However, such amendment to the statutory rules, though made in 1999, was subject matter of different writ petitions before this Court leading to those amendments being held as constitutionally valid. The Bench delivered a common judgment in that regard on 19-12-2007 in O.P.No.21194/1999 and connected matters. 5. As of now, the fact remains that even after the virus of the rule was upheld by this Court, it was not made functional by either the Government thereafter standing by its decision that it is the State Co-operative Union which WP(C)38022/2007 & con. cases -: 4 :- has to conduct the examination or by that Union conducting the examination. As of now, no examination whatsoever has been conducted to satisfy sub-rules 6 and 7 of Rule 185. 6. In the aforesaid scenario, it could not be expected of an employer like the State Co- operative Agricultural and Rural Development Bank to leave its employees without being promoted as Regional Managers because, the employer, State Co-operative Agricultural and Rural Development Bank, has to run its institution. In the meanwhile, Government issued Letter No.6383/B2/2001/Co-op. dated 24- 10-2001 through its Principal Secretary [Ext.P5 in WP(C).2554/2008] taking the further stand that the Government are not inclined to accede to the request of the organization of the employees to forego the amendment to Rule 185. It was further stated that since competitive examinations have not been conducted until then and because there are technical hurdles to hold WP(C)38022/2007 & con. cases -: 5 :- the examinations, those persons who are in the feeder category and who are qualified in terms of the Feeder Category Rules could be promoted on the basis of seniority. 7. In the aforesaid circumstances, till the Government takes appropriate action to have the competitive examinations conducted to satisfy sub-rules 6 and 7 of Rule 185 of the KCS Rules, following the judgment of the Division Bench delivered on 3-8-2004 in W.A.Nos.1301 and 1312 of 2004 and in consonance with the Government decision communicated as per the letter referred to above, the promotion to the category of Regional Managers can be made only on the basis of the existing Feeder Category Rules, however provisional and subject to finalization of proceedings after the Government concludes on the question of conducting the examinations. I am clear in my mind that the amendment to Rule 185 cannot work without there being a machinery to conduct the WP(C)38022/2007 & con. cases -: 6 :- examinations and therefore, unless such an exercise commences, promotions have to go in terms of the Feeder Category Rules, including regarding the prescriptions as to ratio. All the aforesaid will have to be only provisional as already stated and subject to the decision that the Government may take regarding the conduct of the competitive examinations. It is further directed that the Government shall take expeditious steps to have the examinations conducted at the earliest because promotions to higher categories in a society of state-wide impact cannot be held back as that will impair the functioning of the institution. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/050408