T KALYANASUNDARAM Vs. BOARD OF DIRECTORS

JUDGEMENT

(1.) The petitioner has prayed for issuing writ of certiorarified mandamus for quashing the proceedings RC.No.4327/97/C2 dated 20.6.2002 and for a direction to the respondent No.1 to promote the petitioner as Secretary of LIC Employees Co-operative Bank Limited.

(2.) LIC Employees Co-operative Bank Limited is a society registered under the Co-operative Societies Registration Act. The petitioner joined the said organisation as Assistant on 18.6.1968 and in course of time, he was promoted as Accountant on 2.2.1992. The second respondent, who was appointed as Assistant Accountant on 20.3.1980 was promoted as Accountant on 12.12.1989. However, subsequently, when the post of Secretary fell vacant in the year 1990, the second respondent was posted to work as in-charge Secretary, but he was permitted to draw the salary paid to an Accountant. Subsequently, the petitioner made a representation stating that he should be appointed as Secretary as he had the requisite educational qualification as well as the requisite experience. However, the bank, which had permitted the second respondent to remain as in-charge Secretary, has illegally confirmed the second respondent in such post retrospectively from 1994 by resolution of the Board on 22.4.2001. The petitioner filed a Revision petition which has been rejected under the impugned order.

(3.) Petitioner has challenged the impugned order mainly on two grounds, firstly that as per bye-law, a person is required to be a Bachelor of Arts, Bachelor of Science and Bachelor of Commerce in order to become Secretary, but the second respondent is not holding any such degree.The other contention is to the effect that before becoming eligible to the post of Secretary, a person has to work as Accountant in the feeder category for a period of five years and since the second respondent, who was appointed as Accountant in the year 1989 had become in-charge Secretary with effect from 1990, did not have the requisite experience of five years as Accountant, he was not eligible for becoming Secretary.