RAJAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these Original Petitions are employees of the Thiruvananthapuram District Cooperative Bank. The petitioners entered service prior to 1.1.1974 on which date Chap.15 was introduced in the Kerala Cooperative Societies Rules (hereinafter referred to as 'the Rules'). Thereunder by R.186 of the Rules qualifications were prescribed for appointing for the posts in Cooperative Societies. R.185 of the Rules dealt with promotion. Under R.186, all posts other than those requiring technical qualifications, the starting pay of which is Rs.250.00 and above would be filled only by candidates who had a degree in Commerce or Masters degree in Arts of a recognised University, with Cooperation as special subject or a degree from any recognised University and a Higher Diploma in Cooperation or a Diploma in Rural Services with Cooperation as optional subject or B.Sc. (Cooperation & Banking) Degree of the Kerala Agricultural University. The petitioners in these Original Petitions did not have the educational qualification of graduation. The petitioners in O.P. No.11154 of 1997 obtained promotion as Branch Managers in the light of the protection offered by R.200 of the Rules. The contesting respondents therein though juniors to the petitioners, are graduates and hence possessed qualification contemplated by R.186 of the Rules. The petitioners challenge the promotions given to the contesting respondents on the basis that the petitioners are not entitled to promotion since they had not possessed the requisite qualification. The petitioners rely upon R.200 of the Rules to put forward the claim that their right to promotion is protected notwithstanding the fact that they do not have the qualification as prescribed by R.186 of the Rules.

(2.) The petitioners in O.P.11154 of 1997 were seeking promotions to the post of Branch Managers. They were not given that promotion on the basis that they did not have requisite qualification in terms of R.186 of the Rules.

(3.) The petitioners in O.P. No.12750 of 1997 were also denied promotion to the posts higher than Branch Managers on the basis that they did not have the requisite qualification and on the basis that only graduates could be promoted in the light of the qualification prescribed in the Rules.