PAUL CHACKO AND ORS. Vs. THE MANAGING COMMITTEE OF THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK AND ORS.

JUDGEMENT

(1.) THE quintessential question this writ petition wrestles with is, does the sub -delegation survive even when the very source, the delegated legislation, dies out? In such an eventuality, does the formal demise of the sub -delegation still require judicial invalidation?

(2.) HIERARCHICALLY , the Kerala State Co -Operative Agricultural and Rural Development Bank, an Apex Co -Operative Society, is manned by the managing Director, usually a civil servant on deputation. Below him is the officer on special duty followed by the General Manager. In terms of extant statutory scheme, there is one General Manager for the Society under whom there are two Administrative Officers followed by 21 Regional Managers. Below the Regional Managers are 21 Deputy Managers. Though to the level of cleaner and guest room keeper there are other hierarchical positions in the organization, they may not be germane for the purpose of adjudication.

(3.) PETITIONERS 1 and 2 in the present writ petition are presently working as Assistant Managers, the 3rd petitioner being the registered employees union espousing the cause of all other employees across the board. The singular grievance of the petitioners is that while effecting promotions either to the post of Regional Manager, the respondent Bank has not taken into account the Feeder Category Sub -Rules framed under Rule 185 (1) of the Kerala Co -Operative Societies Rules, 1969 ('the Rules' for brevity). Insofar as the 3rd petitioner is concerned, the grievance ventilated is that the respondent Bank shall take necessary steps to fill up all other posts that have been kept vacant for a long period.