IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11380 of 2008(D)
1. SABU.S., ASSISTANT MANAGER,
... Petitioner
Vs
1. THE KERALA STATE BACKWARD CLASSES
... Respondent
2. STATE OF KERALA, REPRESENTED BY ITS
For Petitioner :SRI.P.C.SASIDHARAN
For Respondent :SRI.C.S.MANILAL
The Hon'ble MR. Justice V.GIRI
Dated :22/07/2008
O R D E R
V. GIRI, J.
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W.P(C) NO.11380 OF 2008
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Dated this the 22nd day of July, 2008
J U D G M E N T
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The petitioner is working as an Assistant Manager in the
first respondent Corporation. According to him he is qualified
and eligible to be considered for promotion to the post of
Regional Manager. In terms of the special rules applicable to
the first respondent, the post of Regional Manager is to be
filled up in the following manner:
“Regional Manager a) By promotion from Deputy
Manager/Assistant Manager/
Assistant Manager (Accounts)
or
b) Direct recruitment or
c) By deputation from State
Government service”.
Therefore, one of the methods of appointment to the post of
Regional Manager is by promotion from Assistant
Manager/Assistant Manager (Accounts) in the Corporation.
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Petitioner points out that one of the qualifications prescribed
for promotion to the post of Regional Manager in the case of
Assistant Manager is 7 years’ experience. Petitioner was
appointed as an Assistant Manager in the year 2000 and
acquired the eligibility for being considered for promotion to
the post of Regional Manager on 3.11.2007. He submits that
there are currently 4 sanctioned posts of Regional Manager in
the Corporation in Kollam, Ernakulam, Kozhikode and Kannur.
On the premise that there are no qualified Assistant
Managers, to be considered for promotion to the post of
Regional Manager, currently all the 4 Regional Managers in the
Corporation are persons appointed on deputation from
outside. Petitioner submits that since he has acquired 7 years’
experience as Assistant Manager, he is entitled to be
considered for promotion to the post of Regional Manager in
terms of the special rules.
2. A statement has been filed by the first respondent.
Reference is made to Exhibit R1(a) decision taken by the Board
of Directors of the first respondent. It is contended that the
Board has taken a decision to abolish the post of Regional
W.P(C) NO.11380 OF 2008
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Manager and it will be re-designated as District Manager.
Both these require amendment of the special rules. In the
circumstances, approval of the Government has been sought
for in relation to Exhibit R1(a) decision. Government’s
approval has not been obtained. Exhibit R1(b) to which
reference is made in this regard is pending consideration
before the Government. Petitioner has filed a reply affidavit
reiterating his contentions.
3. What is contemplated even under Exhibit R1(a) is
not abolition of the post of Regional Manager, but a re-naming
of the post of Regional Manager as District Manager.
4. I heard learned counsel for the petitioner, Shri
P.C.Sasidharan, learned counsel for the first respondent
Corporation, Shri Manilal and learned Special Government
Pleader, Shri Santhosh Kumar.
5. The stand taken by the first respondent that the
petitioner’s claim for being considered to the post of Regional
Manager cannot be considered on the premise that there is a
proposal to re-name the post of Regional Manager to that of
District Manager or even abolition of the post of Regional
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Manager is not sustainable. Admittedly, the decision taken
by the first respondent in that regard either to abolish the
post of Regional Manager or re-name the same to that of
District Manager requires the approval of the Government. It
also necessitates amendment of the special rules which again
requires the approval of the Government. Again it is not the
case of the first respondent that there is no Regional Manager
in the first respondent Corporation currently functioning in
such capacity from the date of Exhibit R1(a). The case of the
petitioner that there are currently 4 Regional Managers who
are working on deputation from outside is not controverted.
If that be so, there are vacancies in the post of Regional
Manager currently available and if the petitioner is qualified in
terms of the special rules he is entitled to be considered for
being posted to the said post.
In the result, the Writ Petition is disposed of directing
the first respondent to consider the case of the petitioner for
promotion to the post of Regional Manager, in accordance with
the special rules for the Kerala State Backward Classes
Development Corporation. Orders in this regard shall be
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passed within a period of four weeks from the date of receipt
of a copy of this judgment.
V. GIRI, JUDGE.
vsv