THE MANAGING DIRECTOR Vs. R.SURESH KUMAR

JUDGEMENT

(1.) The State Farming Corporation of Kerala Limited ('the Corporation' for short) by Ext.P16 notification invited applications from eligible candidates for appointment to the post of General Manager. The method of recruitment to the post of General Manager is by direct recruitment and by promotion as per Ext.R2(f) staff pattern approved by the Government and the Kerala Public Service Commission. Ext.R2(f) staff pattern inter alia prescribes the qualification necessary for appointment to the post of General Manager in the Corporation as follows: For direct recruitment

(2.) The immediate lower post is Secretary and Ext.R2(f) staff pattern specifies the method of recruitment as 'by promotion from Farm Manager and in the absence of qualified persons for promotion, by direct recruitment'. Thus a direct recruitment for appointment to the post of Secretary is permissible only in the absence of qualified persons for promotion from the post of Farm Manager. But an unbridled power is given to the Corporation to resort to direct recruitment for appointment to the post of General Manager unlike to the post of Secretary. The first respondent contends that he is eligible to be promoted as General Manager and that direct recruitment by Ext.P16 notification is uncalled for and liable to be quashed. The first respondent relies on Clause 14(b) of Ext.P12 staff regulations which is as follows:

(3.) Clause 14(b) of Ext.P12 staff regulations would apply only when the method of appointment to a post is by promotion which is not the case for the post of General Manager. Ext.R2(f) staff pattern is explicit as regards method of recruitment to the post of General Manager which is by direct recruitment as well as by promotion. The learned single Judge was therefore not justified in quashing Ext.P16 notification and directing the Corporation to consider the claim of the first respondent for promotion. Much effort has been taken to decipher as to whether the first respondent has acquired the requisite experience in the category of Estate Manager or Manager (Operation). The same is totally inconsequential as the Corporation has decided to resort to direct recruitment for the post of General Manager evident by Ext.P16 notification. Mr. Ranjith Thampan, Sr. Advocate appearing for the Corporation submits that the Corporation in its wisdom has decided to resort to direct recruitment. The learned single Judge was unhappy over the fact that the Managing Director of the Corporation had by Ext.P21 order stated that the first respondent did not have the experience for promotion. The said order was passed in disposal of Ext.P18 representation put in by the first respondent in compliance with the judgment in W.P(C).No.20432/2017. Whether the first respondent has the requisite experience in the post of Estate Manager or Manager (Operation) is irrelevant for direct recruitment. The impugned judgment in so far as it meddles with Ext.P16 notification which was in accord with Ext.R2(f) staff pattern is reversed and the writ petition is dismissed.