JANARDHANAN NAIR Vs. STATE OF KERALA
HIGH COURT OF KERALA
STATE OF KERALA
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(1.) Petitioner, who was working as the Inspector of Branches with the 3rd respondent Bank viz. The Thiruvananthapuram Cooperative Urban Bank Limited No. 1959, filed this Original Petition for quashing Ext. P2 order passed by the Registrar of Cooperative Societies permitting the 3rd respondent to make appointment to the post of General Manager on deputation for a period of one year and also Ext. P6 order passed by the first respondent upholding the order passed by the Registrar.
(2.) Heard the learned counsel for petitioner, the 3rd respondent and also the learned Government Pleader on behalf of respondents 1 and 2.
(3.) Petitioner joined in the service of the 3rd respondent on 17.11.1975 as Appraiser. He was promoted to the post of U.D. Appraiser (Senior Clerk) on 1.9.1978 and as Accountant on 1.5.1982. Later he was promoted as Inspector of Branches with effect from 1.5.1994 and continued to be so. The 3rd respondent Bank had framed Ext. P1 Feeder Category Rules for the purpose of promotion to the various posts in the Bank in accordance with R.185(1) of the Cooperative Societies Rules with the prior approval of the Registrar of Cooperative Societies. According to the petitioner, the appointment to the post of General Manager has to be made either by promotion from the category No. 11 viz., Assistant Secretary / Manager / Branch Inspector or Chief Accountant or by direct recruitment and the rules do not contemplate the appointment on deputation and hence Exts. P2 and P6 orders allowing the appointment to the post of General Manager on deputation invoking R.144 of K.S.R. was not in accordance with Feeder Category Rules or under the Cooperative Societies Act or Rules and hence the above orders are liable to be quashed. It was further argued that the petitioner being the senior most qualified and eligible person to be appointed as General Manager, direction has to be issued to appoint him as General Manager.;
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