J. Rekha Sundaram v. Kerala State Co-Operative Union
Case brief
What is this about?
Promotion - relevant date for applying promotional rules is the date of consideration, not the date of vacancy - Kerala State Co-operative Union - General Manager post - qualification amended from graduation to postgraduate degree vide union resolution dated 11.03.2024, Government approval 08.01.2025 - senior most Deputy General Manager with ad-hoc charge held to have no right to promotion - reliance on Union of India and others v. Krishna Kumar and others, 2019 KHC 2397 found of no assistance - Section 89, Kerala Co-operative Societies Act, 1969 - WP(C) No. 44797/2024 dismissed by High Court of Kerala, Ernakulam (D. K. Singh J., 20.03.2025).
What did the court decide?
The relevant date for applying the promotion rules is the date of consideration, not the date on which the vacancy arose; consequently the petitioner's submission that the pre-amendment rules applicable on 01.06.2024 should govern has no basis.