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.
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W.P.(C.) No.30101 of 2008
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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.
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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
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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
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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)
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