S BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant approached this court with the original petition challenging Ext. P7 and seeking a declaration that he is entitled to be appointed as a clerk/cashier in the service of Kollam District Co-operative Bank based on Ext. P5 advice memo and seeking consequent directions. He did not succeed. Therefore, this appeal.

(2.) ADMITTEDLY, he was employed in a primary Co-operative society which was affiliated to the said District Co-operative Bank when Ext. P2 notification was issued by the Public Service Commission on 6. 10. 1999. The said notification invited applications for appointment to the post of clerk cum cashier in the service of the District Co-operative Bank. It contained two parts. The first part invited application from open market towards 50% of the total vacancies and the second part invited applications from those working in various affiliated primary Co-operative societies with three years' experience for the remaining 50%. The appellant responded and submitted his application under the second part. He underwent the process of selection. He was included in the rank list. A memo of advice Ext. P5 dated 3. 12. 2001 was issued by the Public Service Commission. By the time, he had left the service of the primary Co-operative society affiliated to the district Co-operative Bank, where he was working. In the meantime, the Public Service Commission issued Ext. P7 circular to the effect that, in order to get appointment against the 50% of the vacancies included in part II of Ext. P2 notification, the incumbent shall be continuing in the service of the concerned affiliated primary Co-operative society. This made the appellant ineligible for appointment in terms of Ext. P5 advice. It was in the above circumstances, he challenged Ext. P7.

(3.) IT is submitted by the appellant/petitioner that service in the primary Co-operative bank affiliated to the district co-operative bank is only an additional qualification as held by the Apex Court in the judgment reported in Benny v. Registrar of Co-operative Societies [1998 (1) KLT 858]. So, that being an additional qualification, the Public Service commission cannot insist that a person who is possessing such qualification should be in the service for getting appointment or for being considered for the post of clerk-cum-cashier, in an affiliated co-operative Society. It is further submitted that rules 186 and 187 of the Kerala Co-operative Society to get appointment against the said 50% vacancies.