OONNOONNY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner entered service in the fourth respondent Bank on 14.12.1964. He allegedly has 40 years of service in the Bank, By Ext.P2 the Committee decided to relax the qualifications in relation to the post of Manager in regard to the petitioner. The feeder categories and the posts which are relevant to resolve this dispute are as stated in Ext. (a). <p>1) General Dy.General By B.A., B.Sc., or B.Com degree of a recognized Manager Manager Promotion University with Higher Diploma in Co- operation or successful completion of Junior Diploma in Co-operation or diploma in Rural service with co-operation as optional subjects. Candidates have CAIIB Certifi- cates will be given preference in direct recruitment 2) Dy.Gen. Manager By The same as in the case of Gen. Manager, Manager Promotion 3) Manager Accountant By The same as in the case of Gen. Manager. Promotion 4) Accountant Senior By B.A., B.Sc. or B.Com. degree with HDC clerks Promotion or JDC, SSLC or its equivalent and successful completion of subordinate personal training (Junior Diploma in co-operation.

(2.) Petitioner is not a graduate. Graduation is an essential qualification in regard to the post of Manager as much as it is necessary in regard to the post of Deputy General Manager as also the post of General Manager. The contention of the petitioner in this writ petition is that vide Ext.P2 on the strength of the relaxation granted to him, the petitioner was rendered eligible for promotion and having regard to the fact that qualifications prescribed for the post of Manager, Deputy General Manager and General Manager are the same, the petitioner is eligible without any further exemption to be promoted to the post of Deputy General Manager as also to the post of General Manager. Ext.P3 was issued by the Government of Kerala purporting to be guidelines for exemption from qualifications, which inter alia provided as follows:

(3.) Counter affidavit has been filed, wherein it is stated as follows: