JAMEELA Vs. JAMES JOSEPH V AND OTHERS

JUDGEMENT

(1.) These two Writ Appeals have been filed against the common judgment dated 17.08.2015 by which the Writ Petition filed by the 1st respondent herein has been allowed. W.A. No.2016 of 2015 has been filed by the 1st respondent to the Writ Petition No.24461 of 2014, i.e., Thrissur District Co- operative Bank Ltd and W.A. No.2014 of 2015 has been filed by the additional 5th respondent in the Writ Petition. Parties shall be referred to as described in the Writ Petition.

(2.) Brief facts giving rise to the Writ Petition are: The 1st respondent, Thrissur District Co-operative Bank (for short, "the Bank") is the Central Society registered under the Kerala Co-operative Societies Act, 1969 (for short, "the 1969 Act"). There are three sanctioned posts of Dy.General Manager in the Bank. One vacancy in the post of Dy.General Manager was notified by the Bank to the Kerala Public Service Commission (for short, "the Commission") vide letter dated 20.12.2003 for direct recruitment. After reporting of the said vacancy, the Commission issued notification dated 13.11.2009 in two parts; Part I and Part II. Part I (category No.404/09) mentioned one vacancy of Deputy General Manager in the Bank along with other vacancies in the different banks by direct recruitment. By part II, (category No.405/09) the Bank invited applications for anticipatory vacancies in the banks which are to be filled up by direct recruitment from qualified employees of the member societies/primary societies affiliated to the concerned District Co-operative Banks. On the basis of the above notification, petitioner and other candidates submitted their applications against both the Notifications, i.e., Part I and II. The Commission published a rank list against the notification dated 13.11.2009 for both Part I and II. In both the rank list petitioner was at serial No.2. The first person in the rank list, P.R.Ravichandran could be given appointment as a direct recruit after an order of this Court in W.P(C) No.17209 of 2011 dated 05.03.2012. Order of this Court was challenged before the Apex Court by the Bank which appeal was dismissed and consequently, the 1st person in the rank list could be appointed in the Bank only on 02.09.2014. After preparation of the rank list which was enforced with effect from 26.09.2011 at least nine vacancies arose in the Bank in the post of Dy.General Manager which vacancies were filled up by promotion. Petitioner who was at serial No.2 in the rank list filed the Writ Petition praying for the following reliefs:

(3.) In the Writ Petition counter affidavit was filed by the 1st respondent pleading that the petitioner has no right to claim appointment on the basis of the rank list dated 26.09.2011, since on the basis of the rank list appointment of P.R.Ravichandran has already been made as a direct recruit and the vacancy for which the rank list was prepared having filled, the rank list has come to an end. It was pleaded that there being only three sanctioned posts of Dy.General Manager, the first post is to be filled up by promotion, second by direct recruitment and the third by promotion. One post having been filled by direct recruitment, there is no vacancy for direct recruitment which can be offered to the petitioner.