R.G.Premraj vs The Board Of Directors Of … on 24 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 37797 of 2007(Y)


1. R.G.PREMRAJ, SECRETARY-IN-CHARGE OF
                      ...  Petitioner

                        Vs



1. THE BOARD OF DIRECTORS OF NELLIMOODU
                       ...       Respondent

2. THE JOINT REGISTRAR OF CO-OPERATIVE

                For Petitioner  :SRI.V.G.ARUN

                For Respondent  :SRI.D.SOMASUNDARAM

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :24/01/2008

 O R D E R
                 THOTTATHIL.B.RADHAKRISHNAN, J.

                       ---------------------------------

                       W.P(c)No.37797 OF 2007

                      ------------------------------------

                 Dated this the 24th  day of January, 2008


                                  JUDGMENT

Undisputedly the petitioner does not have the prescribed

qualifications for being appointed as Secretary in terms of the

statutory Rules. The bye-laws of the society has to be subservient

to the statutory Rules as regards the qualification for promotion.

The petitioner has also not gathered the necessary years of

experience in service, for being considered for exemption from the

statutory qualification, to the extent exemption is permissible under

law. Though petitioner was earlier granted exemption from the

qualifying service to become the Chief Accountant, which category

is equivalent to that of Assistant Secretary and therefore was

permitted to hold the post of Secretary that fell vacant owing to the

demise of the then incumbent, I do not think that the petitioner has

any right to insist that he should be promoted as Secretary

disabling the bank from making appointment otherwise. While the

first respondent bank could make appointment strictly in terms of

law, the claim of the petitioner for promotion cannot be upheld.

Writ Petition fails and the same is dismissed.

THOTTATHIL.B.RADHAKRISHNAN

JUDGE

sv.