HARIKRISHNAN N. Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these cases relate to the cancellation of promotion granted to the petitioners as Joint Managers Gr.II and thereafter as Joint Managers in the Kerala State Warehousing Corporation (hereinafter referred to as 'Corporation' for short).

(2.) The parties and documents referred to in these Writ Petitions are as described in W.P(C).No.25634/2018 unless specified otherwise.

(3.) The petitioners were appointed as Assistant Managers in the Corporation in the year 2005. It is stated that they were absorbed into the regular cadre in the year 2006. They were promoted as Senior Assistant Managers in the year 2011. Appointment to the post of Deputy Manager is made by promotion of a Graduate Senior Assistant Manager with 5 years of service based on seniority and appointment as Joint Manager is by promotion of a Deputy Manager with 5 years of service in that post based on seniority. Since there were no qualified hands in the feeder categories, the Corporation issued a notification in the year 2012 inviting application for direct recruitment to 2 posts of Deputy Manager and 5 posts of Joint Manager. Some of the petitioners challenged the same filing W.P(c).No.23454 of 2012. In Ext.P6 counter affidavit filed in that Writ Petition on 7.11.2012 it was stated that there were 10 vacancies of Joint Manager and 5 vacancies of Deputy Manager as on 1.10.2012. As per order dated 9.10.2012 the proceedings for direct recruitment were stayed by this Court and as per Ext.P13 judgment dated 27.11.2017, the Writ Petition was disposed of recording the submission made by the learned Standing Counsel that the proposal for direct recruitment was already cancelled. In the meanwhile, on the basis of decision of the Board of Directors to relax the experience the Executive Committee redesignated the post of Deputy Managers and Joint Managers as Joint Manager Gr.II and based on that the Managing Director granted promotion to the petitioners and several other Senior Assistant Managers as Joint Manager Gr.II as per Ext.P9 order dated 20.02.015 and similar orders. Whileso, the Board of Directors as per Ext.P10 resolution decided to make promotions to the vacant posts of Joint Managers after conducting interview of those who completed one year in the post of Joint Manager Gr.II. Thereafter, the Managing Director promoted the petitioners as Joint Managers as per order dated 06.05.016, which was modified as per Ext.P11 order dated 23.06.2016, making it subject to the result of W.P(c).No.10051 of 2015. It is stated that the Kerala State Warehousing Corporation Employees Association had filed W.P(c).No.10051 of 2015 challenging the recruitment made to various posts which were pending at that time, where the respondents filed Ext.P12 counter affidavit justifying the promotions.