LAWS(KER)-2018-7-6

SHEEBA A Vs. MAHESH N M

Decided On July 02, 2018
Sheeba A Appellant
V/S
Mahesh N M Respondents

JUDGEMENT

(1.) This appeal is filed with leave of Court by third parties to the writ petition.

(2.) The appellants and the first respondent-writ petitioner (hereinafter referred to as "writ petitioner") were Senior Supervisors in the second respondent Bank. The writ petitioner was appointed as Senior Supervisor on 07.03.2014. Out of the four sanctioned posts of Branch Manager, three posts remained vacant since the year 201 As per Ext.P1 Sub-Rules Relating to Appointment and Promotion of Employees of the Bank, the feeder category for appointment by promotion to the category of Branch Manager/Recovery officer, is Senior Supervisor. The necessary qualification is graduation. As evident from Ext.R1(a) category-wise seniority list produced by the Bank, the seniority inter se between the writ petitioner and the appellants is in the order-(1) Sri.N.M.Mahesh-writ petitioner (2) Smt.A.Sheeba-first appellant and (3) Smt.P.Chithrasecond appellant. The writ petitioner sought for promotion to one of the available substantive vacancies of Branch Manager/Recovery Officer. As per Ext.P4 communication, the writ petitioner was called upon to produce equivalency certificate in respect of his degree since he had obtained the same from an University outside Kerala. Thereupon, the present writ petition was filed seeking the following reliefs.

(3.) The main contention of the appellants is relying on Note to Rule 186(1A) of the Co-operative Societies Rules. Note to Rule (1A) prescribes for production of equivalency certificate if graduation has been obtained from an University outside Kerala. The said contention is sought to be met by the writ petitioner stating that Rule (1A) applies only regarding appointment of Chief Executive Officer of Urban Co-operative Bank.