SHAIJU K., SENIOR ACCOUNTANT, ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD Vs. ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD

JUDGEMENT

(1.) The common issue raised in this batch of writ petitions is the entitlement of the employees of various District Co-operative Banks in the State for provisional promotion to the post of Branch Manager (to the post of Deputy General Manager in W.P.(C)No.19217 of 2018), against vacancies earmarked for direct recruitment, which are lying vacant in the absence of candidates advised by Kerala Public Service Commission. Since common issues are raised, the writ petitions were heard together and are being disposed of by this common judgment.

(2.) W.P.(C)No.18684 of 2018:- Petitioners 1 to 3, who are presently working as Senior Accountant at Thottappilly Branch, Kayamkulam Evening Branch and Puthanangadi Branch, respectively of Alappuzha District Co-operative Bank have filed this writ petition under Article226of the Constitution of India, seeking a writ of certiorari to quash Ext.P7 communication dated 20.4.2018 issued by the 4th respondent Registrar of Cooperative Societies and seeking a writ of mandamus commanding the 1st respondent District Co-operative Bank and the 2nd respondent Part-time Administrator to provisionally promote them to the post of Branch Manager. By Ext.P7 communication No.E.M.53413/2017 dated 20.4.2018, the 4th respondent Registrar has informed all Joint Registrars of Co-operative Societies that the Government by communication No.Co.op.2/25/2018/Co.op. dated 6.3.2018 has informed that no provisional promotions shall be made to vacancies of Branch Managers in the District Co-operative Banks, which are earmarked for direct recruitment by Kerala Public Service Commission, and qualified employees can be given charge of those promotion posts, on charge allowance. Going by the averments in the writ petition, the recruitment to the post of Branch Manager in the 1st respondent Bank is by direct recruitment and promotion in the ratio 3:1, as per Ext.P2 Recruitment Rules. Promotion shall be made from the post of Senior Inspector/Senior Accountant/Chief Cashier. Out of 61 posts of Branch Managers sanctioned as per Ext.P3 order dated 21.2.2015 of the 4th respondent Registrar, more than 5 posts are lying vacant and the validity of the ranked list published by Kerala Public Service Commission expired on 16.11.2017. Therefore, there is no legal impediment in granting provisional promotion to the post of Branch Manager in the 1st respondent Bank, under the quota earmarked for direct recruitment, with a rider that such provisional promotees will be reverted back as and when candidates advised by Public Service Commission report for joining duty, as done by this Court in Ext.P8 judgment dated 21.12.2017 in W.P.(C)No.34614 of 2017. The petitioners would contend that the 4th respondent Registrar issued Ext.P7 communication dated 20.4.2018 without any authority of law and as such, the same is liable to be interfered with by this Court.

(3.) The reliefs sought for in the writ petitions are opposed by the Registrar of Co-operative Societies by filing a counter affidavit in W.P.(C)No.19204 of 2018. The learned Special Government Pleader has filed adoption memos to adopt the said counter affidavit in other writ petitions.