The Kerala State Backward Classes vs Sabu.S. on 27 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2186 of 2008()


1. THE KERALA STATE BACKWARD CLASSES
                      ...  Petitioner

                        Vs



1. SABU.S., ASSISTANT MANAGER,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY ITS

                For Petitioner  :SRI.N.NANDAKUMARA MENON (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :27/11/2008

 O R D E R
                     J.B.KOSHY & THOMAS P. JOSEPH, JJ.
                           --------------------------------------
                               W.A.No.2186 of 2008
                           --------------------------------------
                   Dated this the 27th day of November, 2008.

                                     JUDGMENT

Koshy, J.

Heard both sides.

2. First respondent/petitioner was working as Assistant Manager in the

appellant Corporation. As per the Special Rules he was eligible to be considered

for promotion to the post of Regional Manager on 3.11.2007 when he completed

seven years’ service as Assistant Manager. The provisions of Special Rules

regarding the promotion were stated in the impugned judgment. It is also stated

that there are four Regional Managers on deputation. It is true that as per the

Special Rules, Regional Managers can be appointed on deputation from State

Government Service. The operative portion of the impugned judgment would

say that first respondent also should be considered for the post of Regional

Manager in the Kerala State Backward Classes Development Corporation

because he is qualified. The Corporation filed this appeal contending that the

existing Regional Managers were re-designated as District Managers and now

there is no post of Regional Managers. If the post is re-designated, the

judgment should be considered in that spirit and instead of as Regional

Manager, he can be promoted as District Manager. We see no ground to

interfere with the impugned judgment. It is submitted that confidential reports

WA No.2186/2008

2

are available with the employer. It is for the employer to consider it according to

law. However, we grant three weeks further time to the appellant Corporation

for implementation of the judgment.

Writ Appeal is dismissed with the above observation.

J.B.KOSHY,
JUDGE.

THOMAS P.JOSEPH,
JUDGE.

cks