Dismissed

Dr.K.S.Rajeev v. Kerala Financial Corporation

Kerala HC21 Mar 2018WP(C)/7614/2018

Case brief

AI extract

What is this about?

The petitioner, a Deputy General Manager, challenged a notification inviting direct recruitment for a General Manager post. The court examined the Staff Regulations regarding the ratio of promotion to direct recruitment and held that the selection method was within the Board's freedom and not contrary to rules.

What did the court decide?

Writ petition against the notification inviting direct recruitment dismissed.

Dr.K.S.Rajeev Vs Kerala Financial Corporation — Pension and Retirement Benefits | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

WEDNESDAY, THE 21ST DAY OF MARCH 2018 / 30TH PHALGUNA, 1939

¶5

WP(C).No. 7614 of 2018

¶6

PETITIONER(S)

¶7

DR.K.S.RAJEEV DEPUTY GENERAL MANAGER/ZONAL MANAGER (NORTH ZONE), KERALA FINANCIAL CORPORATION, MUTHALAKULAM, MALABAR PALACE, KOZHIKODE.

¶8

BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.K.N.REMYA SMT.L.ANNAPOORNA

¶9

RESPONDENT(S):

¶10

1. KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.

¶11

2. THE CHAIRMAN-CUM-MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.

¶12

BY ADV.SRI.M.R.VENUGOPAL, S.C

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

Msd.

¶15

04.04.2018

¶16

WP(C).No. 7614 of 2018 (B)

¶17

APPENDIX

¶18

PETITIONER(S)' EXHIBITS

¶19

EXHIBIT P1 TRUE COPY OF THE B.TECH DEGREE CERTIFICATE OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE MBA DEGREE CERTIFICATE OF THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE PH.D DEGREE CERTIFICATE OF THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE NOTIFICATION ISSUED BY THE RESPONDENTS PUBLISHED IN MATHRUBHUMI DAILY DATED 21-06-2017. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 14-11-2017 IN WP(C)NO.24214/2017-B OF THIS HON'BLE COURT. EXHIBIT P6 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION DATED 27-02-2018 ISSUED BY THE 2ND RESPONDENT IN THE 'MALAYALA MANORAMA' DAILY KOTTAYAM EDITION DATED 28-2-2018.

¶20

RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd. 04.04.2018

P.V.ASHA, J.

W.P.(C) No.7614 of 2018

¶27

Dated this the 21^st day of March, 2018

¶28

JUDGMENT

¶29

The petitioner, who is the Deputy General Manager in the Kerala Financial Corporation - 1^st respondent, and is eligible for promotion to the post of General Manager, has filed this writ petition challenging Ext.P6 notification issued by the respondents inviting applications for appointment to the post of General Manager by direct recruitment.

¶30

The petitioner, who belongs to Scheduled Caste Community, is

¶31

fully qualified to be appointed as General Manager, by promotion. The petitioner joined the 1^st respondent Corporation as Assistant Manager on 16.6.1986 on appointment by direct recruitment. He got further promotions and became a Manager in March 2013. One vacancy of General Manager arose on 01.02.2017 consequent to retirement. The respondents had issued a notification inviting application for appointment by way of deputation. Immediately petitioner approached this court filing WP(C) No.24214 of 2017. Respondents submitted before this Court that they were withdrawing the said notification. Accordingly that writ petition was closed and Ext.P6 notification was issued thereafter for filling up the vacancy by direct recruitment. According to petitioner the respondents want to see that the Deputy Managers who are members of scheduled caste community are not

W.P.(C) No.7614/18

:2:

promoted.

Under regulation 8 of Kerala Financial Corporation Staff Regulations, 1966 (hereinafter referred to as 'the Regulations') senior officers are classified under class A. Regulation 9(iii) provides for the method of appointment to the post of Assistant Managers and above, which reads as follows:

¶36

9(iii) appointments to one half of the vacancies arising in the post of Asst.Managers and above, except in case where there is only one post in the category, shall be made by promotion and to the remaining vacancies by direct recruitment on 1:1 ratio, provided that, if the Board so decides, in particular cases, the vacancy/vacancies to be filled up by direct recruitment can be filled up by transfer or deputation of officers holding similar posts in other financial institutions or Govt. However, the Board may be resolution decide to make appointments by promotion to a vacancy or vacancies to which appointments are to be made by direct recruitment, if the Board thinks that such deviation from the prescribed ratio is necessary for administrative efficiency or convenience. In cases, where there is only one post in a category, the vacancy arising in that post can be filled up by promotion or direct recruitment or deputation, according to the decision to be taken by the Board, as and when the vacancy arises.

¶37

Regulation 9(A)II(1) provides for qualifying service, which

¶38

provides that for considering for promotion to the post of Deputy Manager and above, the officer should have completed minimum three years in the lower cadre. Regulation 9(iv) provides that promotion to the post of Assistant Manager and above shall be made from a select list prepared by selection committee appointed by the Board from among members eligible for appointment on the basis of merit and ability. Petitioner submits that the only vacancy of General Manager,

¶39

:3:

¶40

W.P.(C) No.7614/18

¶41

which arose on retirement on 31.01.2018 is liable to be filled up by promotion and being the seniormost Deputy General Manager having all the requisite qualifications he is entitled to be considered for promotion and for promotion to the post.

¶42

The learned Senior Counsel duly instructed by the learned Standing Counsel for the respondents submits that there is only one vacancy of General Manager, which arose consequent to retirement on 31.1.2017. As per Regulation 9(iii) there should be a ratio of 1:1 between promotion and direct recruitment. For the last several years appointment was being made by way of promotion. Regulation 9(iii) does not provide that when there is only one vacancy that should be filled up by promotion unless respondents takes a decision to do so as provided therein.

¶43

The learned Senior Counsel pointed out that as at present there are two General Managers one of whom was appointed by direct recruitment and other one by promotion. Direct recruitment was made to the post in the year 2008. Appointments were made by way of promotion in 2011, 2012, 2015 and 2016. It is also pointed out that 3^rd post of General manager was created and appointment was made to that post in the year 2012.

¶44

The learned counsel for the petitioner vehemently argued

¶45

W.P.(C) No.7614/18

¶46

:4:

¶47

that proceedings for deputation and thereafter for direct recruitment were initiated only because persons who are eligible for appointment by way of promotion belong to SC Community and that whenever there is only one vacancy the said vacancy shall be filled up only by promotion, as was being done by the respondents. The learned counsel pointed out that regulations are framed by virtue of the provisions contained in section 48(3) of the State Financial Corporation Act, 1961 and regulation 9(iii) would show that whenever there is one vacancy that has to be filled up by promotion only in order to see that qualified hands in service are provided with the avenues of promotion or otherwise the intent and purpose for which the flexibility in Regulation 9(iii) is allowed, would be defeated.

¶48

But I am unable to accept the contention of the learned counsel for the petitioner that when there is only one vacancy that should be filled up by promotion only. What is provided in Regulation 9(iii) is, appointment to one half of the vacancies arising in the post of Assistant Manager shall be made by promotion. The appointment against remaining vacancies shall be by direct recruitment on 1:1 ratio. The rule does not provide that one half of the vacancies have to be reckoned in a particular year or at the time when the vacancies arose. I am of the view that the vacancies which arise in the post have

¶49

W.P.(C) No.7614/18

¶50

:5:

¶51

to be filled in the ratio of 1:1. That means when the first vacancy is filled up by way of promotion, the next vacancy has to be filled up by direct recruitment. There is no provision that ratio shall be applied on the cadre strength. If it was so, definitely the vacancy should have been filled up by promotion since there is only one General Manager each, appointed by way of direct recruitment and by promotion. But there is no provision similar to Note 3 to Rule 5 of Kerala State and Subordinate Service Rules, available or applicable to the appointments under the respondents.

¶52

Though it may be true that the respondents chose to resort to direct recruitment or rather they did not choose to resort to promotion, invoking the freedom given to them in the Regulation, at a time when petitioner and others belonging to SC community are due for promotion, their decision cannot be said to be contrary to rules.

¶53

In the above circumstances Ext.P6 notification cannot be said to be illegal. Therefore the writ petition fails and is dismissed.

¶54

Sd/-

¶55

P.V.ASHA JUDGE

¶56

rkc

Dr.K.S.Rajeev v. Kerala Financial Corporation

Case brief

What is this about?

What did the court decide?

Dr.K.S.Rajeev v. Kerala Financial Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jessy M.John Vs Santhosh C.A.

Radhakrishnan.L Vs the Travancore Devaswom Board

The Kerala Water Authority Vs Kuriakos A.L

Shiji Kumari Vs Shri a. Shajahan IAS

Santhosh T.V. Vs State of Kerala

Bijoy Krishnan.P Vs Deputy Inspector General of Police (Dig)