G.SURESHKUMAR Vs. KARAVARAM PANCHAYATH SERVICE

JUDGEMENT

(1.) THIS writ petition is filed for a direction to the respondents to consider Exts.P3 and P5 representations and for a declaration that the petitioner is entitled to get promotion to the post of Junior Clerk as per clause 5 of Ext.P4 feeder category sub rules.

(2.) THE petitioner was appointed as a collection agent in the respondent bank on 18/01/1992. He was appointed as a Bill Collector on 16/12/2000 in the scale of Rs.4370 - 9180 which was approved by the Joint Registrar on 12/08/2003. The petitioner passed Junior Diploma in Co-operation (JDC) during May 2006 and he submitted a petition dated 10/08/2006 to the Managing Committee for appointment to the vacancy of Junior Clerk available in the Bank. Bill Collector is a feeder category to the post of Junior Clerk which is approved by the Joint Registrar in terms of Ext.P4. As per Clause 5 of Feeder Category Rules, direct recruitment to the post of Junior Clerk is possible only if qualified hands are not available in the bank. It is the case of the petitioner that, according to Rule 186 of the Kerala Co-operative Societies Rules, he is qualified to be promoted to the post of Junior Clerk.

(3.) FIRST respondent has filed a counter affidavit. According to them, the petitioner could get through JDC only with third class and when clerical vacancy arose, he was given clerical duties; but he proved himself to be a total failure as he committed continuous mistakes in calculation of interest etc. which led to frequent complaints from customers. According to the first respondent, petitioner himself expressed his inability to exercise such duties. It was under those circumstances that four persons i.e. three persons from general category and one person from reservation category were appointed following all the legal requirements. According to first respondent, petitioner did not object to such appointments and that he had not given any request before the Managing Committee. The Bank doubted the genuineness of Ext.P5. According to the Bank, the petitioner who had not raised any claim at various stages of recruitment, cannot raise any valid claim now after the appointments are all over.