KERALA PUBLIC SERVICE COMMISSION v. SAJITH K.S. & HIGH RANGE DAIRY CO-OPERATIVE SOCIETY LTD.
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- V. Chitambaresh
- R. Narayana Pisharadi
- Judgment Date
- 2019-01-29
- Court Decision / Holding
- Resultantly W.A Nos.2169/2018, 2181/2018 and 2182/2018 are dismissed; WP(C) Nos.20282/2016, 10660/2016 and 35056/2017 are allowed; W.A. No.2196/2018 is allowed, dismissing WP(C).No.40309/2016.
- Final Disposition
- The writ appeals Nos. 2169/2018, 2181/2018 and 2182/2018 were dismissed; WP(C) Nos. 20282/2016, 10660/2016 and 35056/2017 were allowed; W.A. No. 2196/2018 was allowed, dismissing WP(C). No. 40309/2016.
Parties to the Case
Appellants / Petitioners
- SAJITH K.S., S/O SADANANDAN P.K., GENERAL MANAGER, THE HIGH RANGE DAIRY CO-OPERATIVE SOCIETY LTD., NO.K10(D), SENGULAM P.O., ADIMALY, IDUKKI-685 565, RESIDING AT SAHEENDRA BHAVAN, ADIMALY, ANAVIRATTY, IDUKKI-685 561
Respondents
- KERALA PUBLIC SERVICE COMMISSION, represented by its Secretary, Pattom, Thiruvananthapuram-695 004
- THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KAKKANAD, ERNAKULAM-682 030
Legal Representation & Advocates
Counsels for Petitioners
- • Sri P. NANDAKUMAR
- • Sri S. ANEESH
- • Smt. AMRUTHA SANJEEV
Counsels for Respondents
- • Sri P. NANDAKUMAR
- • Sri S. ANEESH
- • Smt. AMRUTHA SANJEEV
Case Synopsis & Summary
These writ appeals arise out of a common judgment disposing of four writ petitions concerning appointment to the post of Deputy General Manager in four District Co-operative Banks (Ernakulam, Kasaragod, Idukki and Palakkad). The Kerala Co-operative Societies Rules, 1969 Rule 186(1)(1b) prescribes the qualification for direct recruitment, which was amended on 26 November 2014 to introduce a higher, five-year managerial/supervisory experience requirement along with MBA/CA etc. The petitioner Sajith K.S., General Manager of the High Range Dairy Co-operative Society Ltd., holds a Commerce degree and an MBA in Finance with three years’ managerial experience. The appellants (the Public Service Commission and the District Officers) contended that the amended rule should apply to all posts where the selection process began, including those notified before the amendment. The petitioner contended that three of the four notifications (Ernakulam, Kasaragod, Idukki) predated the amendment and could not be governed by the amended rule; the Palakkad decision (2012) had suggested amendment but was not an authority to apply the amended rule to pre‑amendment vacancies. The High Court ultimately held that applying the amended rule to pre‑amendment notifications was impermissible for three banks and allowed the writ petitions for those banks, while disallowing relief for the Palakkad post. The appeals were partly allowed, partly dismissed, with a mixed outcome for the petitioner.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner in WP (Sajith K.S.) argued that Rule 186(1)(1b) before amendment required only 3 years of managerial/supervisory experience, a qualification he possessed through his MBA in Finance and 3 years’ experience in a managerial cadre in cooperative institutions; the notifications for Ernakulam, Kasaragod and Idukki were issued before the amendment, so applying the amended rule to those posts would be unfair and contrary to law. He contended that the amendment cannot be retroactively applied to pre‑amendment vacancies and that the Division Bench’s reference in the Palakkad decision did not authorize such application. The court was urged to treat the applicant as qualified under the pre‑amendment rule for those posts and to direct the selection authorities to consider him accordingly.
Contentions of Respondents
The respondents contended that the amended Rule 186(1)(1b) – with five years’ experience and MBA/CA qualifications – should apply to all direct recruitment under sub‑rules (3) and (4) of Rule 185, and that the notification dates alone were insufficient to exempt the Palakkad‑type situation. They relied on the idea that amendments to recruitment rules were intended to apply to ongoing and future recruitments, and that the decision in District Co‑operative Bank, Palakkad v. Dinesh M. (2012) indicated that the amendment was advisable, even though the earlier decision did not strike down Rule 186(1)(1b). They argued that the pre‑amendment posts should be governed by the amended rule where the selection process started after the amendment, and that the Palakkad dictum could not be extended to invalidate the amended framework for other posts.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| District Co-operative Bank, Palakkad v. Dinesh M. and others | 2012(3) KHC 627(DB) | Distinguished | The judgment discusses this decision as having suggested amending Rule 186(1)(1b) but states that it is not authority to apply the amended rule to pre‑amendment notifications; hence the case is distinguished on its facts and cannot be treated as controlling authority for retroactive application. |
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