DISTRICT COOPERATIVE BANK Vs. BABURAJ PANKAN

JUDGEMENT

(1.) The Kerala Public Service Commission had published a notification dated 03.06.2004 which was published in the Kerala Gazette dated 15.06.2004 inviting applications for selection to the post of General Manager on district-wise basis in the scale of Rs. 8150-16150 for the vacancies in the Thrissur District Co-operative Bank, the Kannur district co-operative Bank, the Indukki District Co-operative Bank and the Wayanad District Co-operative Bank.

(2.) In this case we are concerned with the appointment in the Kannur District Co-operative Bank. Several persons applied in pursuance to the above mentioned notification. Public Service Commission conducted a written test and an interview and then published a ranked list for appointment to the post of General manager in the Kannur District Co-operative Bank. Second respondent in the writ petition, W.P.C.No 12442 of 2007, one Abdul Nazar was the only person included in the ranked list. Later Public Service Commission issued an advice memo dated 20.04.2006 to the bank regarding the selection and appointment of Abdul Nazar which was challenged by Baburaj Pankan by filing W.P.C.No. 19162 of 2006 contending that Abdul Nazar was not having the requisite qualification and experience as prescribed under Rule 186(1) (1B) of the Kerala Co-operative Societies Rules, 1969. It was contended that Abdul Nazar was not functioning or discharging his duties in managerial or supervisory cadre for three years on the date of the application. This court passed an interim order on 25.07.2006 directing the bank not to issue appointment order till 02.08.2006 if the same has not been issued. The interim order continued till the disposal of the writ petition. Along with W.P.C.No. 19162 of 2006, W.P.C.No. 21762 of 2007 was also filed raising identical grounds.

(3.) The Public Service Commission took up the stand that Abdul Nazar possessed all the requisite qualification and experience in the managerial/supervisory cadre and on being found eligible, he was considered for appointment to the post of General Manager and included in the ranked list. Further it was also pointed out that the certificates produced by him were duly examined by the Selection Committee and it was found that he had the requisite qualification and experience for appointment to the post of General Manager. The District Co-operative bank supported the writ petitioner and submitted that Abdul Nazar did not have sufficient qualification and experience as per the notification issued by the Public Service Commission as well as under rule 186(1)(1B) of the Rules.