LAWS(KER)-2024-8-116

JANARDHANAN Vs. SOUTH MALABAR GRAMIN BANK

Decided On August 30, 2024
JANARDHANAN Appellant
V/S
SOUTH MALABAR GRAMIN BANK Respondents

JUDGEMENT

(1.) These appeals arose on a common judgment dtd. 19/11/2013. W.P.(C) Nos.28428 of 2009, 13907 of 2010 and 12257 of 2011 together with two other writ petitions were dismissed by the learned Single Judge as per the said judgment. The common issue raised was that the select lists prepared for promotion to the post of officers scale II in the South Malabar Gramin Bank were illegal and violative of the provisions of Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules, 1998 (Rules) and also violative Articles 14 and 21 of the Constitution of India. The respective appellants who could not get through the process for promotion and suffered dismissal of their writ petitions preferred these appeals invoking the provisions of Sec. 5(i) of the Kerala High Court Act, 1958.

(2.) Heard the learned counsel for the appellants, the learned Standing Counsel for the South Malabar Gramin Bank and the contesting respondents.

(3.) The learned Standing Counsel for the South Malabar Gramin Bank would submit that the appellants had already retired from service and therefore the cause of action did not survive. But the learned counsel for the appellants wants these matters decided on merits for, the result of the litigation has an effect on the service and service benefits of the appellants.