High Court Kerala High Court

K.R.Raveendran vs State Of Kerala on 3 November, 2008

Kerala High Court
K.R.Raveendran vs State Of Kerala on 3 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30101 of 2008(H)


1. K.R.RAVEENDRAN, AGED 54 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. KERALA CO-OPERATIVE FEDERATION FOR

3. THE REGISTRAR OF FISHERIES CO-OPERATIVE

                For Petitioner  :SRI.M.RAMESH CHANDER

                For Respondent  :SRI.P.K.VIJAYA MOHANAN, SC, MATSYAFED

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :03/11/2008

 O R D E R
           THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------
               W.P.(C.) No.30101 of 2008
               ---------------------------------
        Dated, this the 3rd day of November, 2008

                      J U D G M E N T

The petitioner seeks a direction to the 2nd respondent,

a Co-operative Society, which works with Government

participation, not to fill up the post of Deputy General

Manager (Finance, Accounts and Internal Audit) by

deputation. His contention is that he is, at present, holding

charge of that post and as per Ext.P1 Government Order and

Ext.P2 Feeder Category Rules, the method of recruitment to

that post is by promotion. It is, accordingly, contended that

the Feeder Category Rules does not authorise deputation.

2. The 2nd respondent has filed a counter affidavit,

placing therewith Ext.R2(a), which, according to it, is the

Special Rules issued with the approval of the Registrar in

supersession of Ext.P2.

WP(C) No.30101/2008
-2-

3. The 2nd respondent passed resolution No.661 at

its meeting held on 15th & 16th July, 2008 to take recruits

through deputation from the Finance Secretariat of the

Government, to appoint a Deputy General Manager (F & A)

on deputation for a period of one year. Going by Ext.R2(a)

Special Rules, promotion, deputation and direct recruitment

are methods of appointment to the category of Deputy

Manager (F& I), serial No. 37 in Ext.R2(a).

4. Section 80B(4) of the Kerala Co-operative

Societies Act and Rule 185A of the Kerala Co-operative

Societies Rules provide for deputation. Section 80B and

Rule 185 sub-rule (1) authorise the making of the feeder

category by the Co-operative Society. That feeder category,

on approval, will bind the establishment also. Even if the

feeder categories are thus prescribed, deputation would be

available as a method of recruitment only in situations,

which warrant such a course, having regard to Rule 185A.

WP(C) No.30101/2008
-3-

Whatever that be, while deputation cannot be used as a

weapon to deprive a legitimate aspiration for being

considered for promotion in the case in hand, the

uncontroverted plea of the 2nd respondent, in paragraph 4 of

the counter affidavit, is that the petitioner is only an

Assistant Manager and he is, therefore, not in the feeder

category for promotion to the post of Deputy General

Manager.

5. Going by Ext.R2(a), Managers constitute the

feeder category to the post of Deputy General Manager.

Assistant Managers constitute the feeder category to the

post of Deputy Manager, which category, in turn is the

feeder category for the posts of Managers. Therefore, going

by the counter affidavit, the petitioner is two steps below

the feeder category for the post of Deputy General Manager.

With that factual situation, even if it is taken that Ext.P2 is

the Feeder Category Rules in vogue, Managers form the

WP(C) No.30101/2008
-4-

feeder category for consideration for promotion to the post

of Deputy General Manager. As already noticed, in spite of

a reply affidavit is being placed on record, the contention of

the 2nd respondent that the petitioner is not in the feeder

category, he being only an Assistant Manager, is not

controverted.

6. With that scenario, the petitioner has no locus to

challenge any proposal for deputation to the category of

Deputy General Manager (F & A) in the establishment of the

2nd respondent, since, the petitioner cannot be conceived to

be a person aggrieved by any such course of action. Hence,

the writ petition fails and it is, accordingly, dismissed.

(THOTTATHIL B.RADHAKRISHNAN, JUDGE)

jg