High Court of KeralaSingle Judge2017-12-06Disposed of

Sunil T.V. and Others v. The Payyannur Co-operative Town Bank Ltd., Co-operative Service Examination Board, and State of Kerala

Case / Petition Number:WP(C).No. 36792 of 2016 (Y)

Neutral Citation::null

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anil K. Narendran
Judgment Date: 2017-12-06
Court Decision / Holding: Writ petition disposed of. The post of General Manager is held to be fillable only by promotion in accordance with the Mattanchery decision; the bank’s commitment to discontinue direct recruitment (Ext. P7) is recorded, and the petition is disposed of accordingly.
Final Disposition: Disposed of

Parties to the Case

Appellants / Petitioners

Sunil T.V.
Sudheer K.M.
Rekha V.
Manoj Kumar T.P.

Respondents

The Payyannur Co-operative Town Bank Ltd.
Co-operative Service Examination Board
State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Sri G. Sreekumar (Chelur)
• Sri K.R. Arun Krishnan
• Sri S. Unnikrishnan (Varkala)

Counsels for Respondents

• Sri Mahesh V Ramakrishnan
• Smt. S.L. Syalaja
• Smt. Rashmi K.V.
• Smt. Mable C. Kurian

Case Synopsis & Summary

This writ petition under Article 226 of the Constitution of India is filed by Sunil T.V. and three other employees of the Payyannur Co-operative Town Bank Ltd challenging a 16 January 2016 Ext. P7 notification for direct recruitment to the post of General Manager, together with Ext. P8, P9 materials. The petition seeks a mandamus directing the Bank to drop direct recruitment and to promote petitioners under the Bank’s Feeder Category Rules (Exhibit P5). The case history shows that interim orders allowed the proceedings to continue but barred appointments, with a further order clarifying that Ext. P7 could proceed only with court directions. The court relies on a Division Bench decision in Mattanchery Mahajanik Co-operative Urban Bank Ltd. v. Rajendran M. (2016) which held that posts not covered by sub-rules (2)-(4) of Rule 185 must be filled by promotion, and that the Feeder Category Rules do not authorize direct recruitment for the General Manager post. The respondents argue that direct recruitment was contemplated but later dropped; they contend the Rule framework permits both methods in practice, but the Bank has agreed to drop direct recruitment. On these terms, the court disposes of the writ petition, stating the GM post can be filled solely by promotion and noting the Bank’s commitment to discontinue Ext. P7 direct recruitment.

Provisions of Law Cited

Article 226 of the Constitution of IndiaRule 185(1) and sub-rules (2), (3) and (4) of the Kerala Co-operative Bank Rules/Feeder Category RulesKerala Co-operative Law and Rules (general)

Legal Doctrines & Maxims

General Clauses Act principle that words in plural can be read as singular and vice versa (interpretation)
Rule 185(1) requires promotion for posts not covered by sub-rules (2)-(4)
Judicial doctrine from Mattanchery Mahajanik Co-operative Urban Bank Ltd. v. Rajendran M. and Others (2016 (2) KHC 781) that the GM post is to be filled by promotion

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that Ext. P7 for direct recruitment to the GM post is contrary to Rule 185(1) since the GM post is not within sub-rules (2)-(4) and must be filled by promotion; they seek mandamus to drop direct recruitment and to promote under Ext. P5 feeder rules. They rely on Mattanchery decision (2016) to support the promotion-only mandate and argue that the word 'posts' in Rule 185(1) can be interpreted to require promotion when not covered by sub-rules (2)-(4).

Contentions of Respondents

The respondents argued that direct recruitment was considered and subsequently dropped (as per the bank’s submission) and that the Feeder Category Rules permit both direct appointment and promotion. They contend that the statutory rule framework allows flexibility and that the court can direct continued consideration or promote with caution. They note that the bank has already dropped the Ext. P7 proposal and request that interim orders be maintained until further orders.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Mattanchery Mahajanik Co-operative Urban Bank Ltd., Kochi and Another v. Rajendran M. and Others	2016 (2) KHC 781	Positive	The Division Bench held that GM posts not covered by sub-rules (2)-(4) must be filled by promotion; the present Court applies this principle to hold promotion as the proper mode for the GM post.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Sunil T.V. and Others v. The Payyannur Co-operative Town Bank Ltd., Co-operative Service Examination Board, and State of Kerala and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **WEDNESDAY, THE 6TH DAY OF DECEMBER 2017/15TH AGRAHAYANA, 1939** ## **WP(C).No. 36792 of 2016 (Y)** ## **----------------------------** **PETITIONER(S): -----------------------** **1. SUNIL T.V., S/O. BALAKRISHNAN T.V, AGED 44 YEARS, BRANCH MANAGER, THE PAYYANNUR CO-OPERATIVE TOWN BANK LTD NO. C-827, RESIDING AT THALAKKE VEEDU, KANAM, PAYYANNUR, KANNUR -670 307.** **2. SUDHEER K.M.,** - **S/O. KUNHIKRISHNAN NAMBEESHAN, AGED 43 YEARS, BRANCH MANAGER, THE PAYYANNUR CO-OPERATIVE TOWN BANK LTD NO. C-827, RESIDING AT GOKULAM, MATHIL P.O, PAYYANNUR, KANNUR- 670 307.** **3. REKHA. V., D/O. CHANDRAN. P., AGED 42 YEARS, BRANCH MANAGER, THE PAYYANNUR CO-OPERATIVE TOWN BANK LTD NO. C 827, RESIDING AT RADHALAYAM, ECHILAMVAYAL KANDOTH P.O., PAYYANNUR, KANNUR -670 307.** **4. MANOJ KUMAR T.P., S/O. KUNHAMBU. C., AGED 39 YEARS, BRANCH MANAGER, THE PAYYANNUR CO-OPERATIVE TOWN BANK LTD NO. C-827, PADIYOTTUCHAL P.O, PAYYANNUR, KANNUR- 670 307.** **BY ADVS.SRI.G.SREEKUMAR (CHELUR), SRI.K.R.ARUN KRISHNAN, SRI.S.UNNIKRISHNAN (VARKALA).** **RESPONDENT(S):** **--------------------------** **1. THE PAYYANNUR CO-OPERATIVE TOWN BANK LTD. NO. C 827, REPRESENTED BY ITS SECRETARY, PAYYANNUR P.O, KANNUR- 670 307.** ## **WP(C).No. 36792 of 2016 (Y)** **2. CO-OPERATIVE SERVICE EXAMINATION BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM- 695 001.** **3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT. CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -695 001.** **R1 BY ADV. SRI.MAHESH V RAMAKRISHNAN. R2 BY SMT.S.L.SYLAJA, SC, SMT.RASHMI. K.V., SC. R3 BY GOVT. PLEADER SMT.MABLE C.KURIAN.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** rs. ## **WP(C).No. 36792 of 2016 (Y)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:-** - **EXHIBIT P1 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 13-05-1999 ISSUED BY THE CHAIRMAN OF THE 1ST RESPONDENT BANK TO THE 1ST PETITIONER.** - **EXHIBIT P2 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 13-05-1999 ISSUED BY THE CHAIRMAN OF THE 1ST RESPONDENT BANK TO THE 2ND PETITIONER.** **EXHIBIT P3 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 28/07/1999 ISSUED BY THE CHAIRMAN OF THE 1ST RESPONDENT BANK TO THE 3RD PETITIONER.** - **EXHIBIT P4 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 28/07/1999 ISSUED BY THE CHAIRMAN OF THE 1ST RESPONDENT BANK TO THE 4TH PETITIONER.** - **EXHIBIT P5 TRUE COPY OF THE FEEDER CATEGORY RULES OF THE 1ST RESPONDENT BANK.** - **EXHIBIT P6 TRUE COPY OF THE LETTER DATED 26-10-2015 ISSUED BY THE 1ST RESPONDENT BANK TO THE 2ND RESPONDENT.** - **EXHIBIT P7 TRUE COPY OF THE NOTIFICATION DATED 08-01-2016 CATEGORY 1/2016/A, GENERAL MANAGER PUBLISHED BY THE 1ST RESPONDENT ON 16-01-2016.** - **EXHIBIT P8 TRUE COPY OF THE LETTER DATED 23-09-2016 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.** - **EXHIBIT P9 TRUE COPY OF THE RESOLUTION DATED 06-09-2016 OF THE 1ST RESPONDENT BANK.** **EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 24-12-2015 SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT. EXHIBIT P11 TRUE COPY OF THE REQUEST DATED 08-06-2016 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT BANK. EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGE OF THE SENIORITY LIST OF THE 1ST RESPONDENT BANK AS ON 31-12-2001. EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGE OF THE SENIORITY LIST OF THE 1ST RESPONDENT BANK AS ON 31-02-2005.** **.....2/-** ## **WP(C).No. 36792 of 2016 (Y)** **EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGE OF THE SENIORITY LIST OF THE 1ST RESPONDENT BANK AS 31-12-2012.** **EXHIBIT P15 TRUE COPY OF THE RELEVANT PAGE OF THE SENIORITY LIST OF THE 1ST RESPONDENT BANK AS ON 31-12-2015.** **EXHIBIT P16 TRUE COPY OF THE SHORTILIST DATED 28/06/2017 PUBLISHED BY THE 3RD RESPONDENT.** **RESPONDENT'S EXHIBITS:NIL.** **//TRUE COPY//** **P.S. TO JUDGE** rs. ## **ANIL K.NARENDRAN, J.** ## **--------------------------------------W.P.(C).No.36792 of 2016** ## **----------------------------------------Dated this the 6[th] day of December, 2017** ## **J U D G M E N T** The petitioners, who are the employees of the 1[st] respondent Co-operative Bank, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2[nd] respondent to drop all proceedings pursuant to Ext.P7 notification issued by the 1[st] respondent Bank dated 16.1.2016 for direct recruitment to the post of General Manager, in the light of Ext.P8 letter and Ext.P9 resolution of the 1[st] respondent Bank and not to make appointment by direct recruitment. The petitioners have also sought for a writ of mandamus commanding the 1[st] respondent to take appropriate steps for promoting them as per Ext.P5 Feeder Category Rules of the 1[st] respondent Bank. 2. On 16.11.2016, when this writ petition came up for admission, this Court issued notice by special messenger to the 1[st] respondent. The learned Standing Counsel and the learned Government Pleader took notice for the 2[nd] respondent and the 3[rd] respondent respectively. 3. On 16.12.2016. this Court has clarified that the proceedings pursuant to Ext.P7 can be continued, but appointments shall not be made without further orders from this Court. The said interim order W.P.(C).No.36792 of 2016 2 is still in force. 4. Today, when the case is taken up for further consideration, it is brought to the notice of this Court that the question raised in this writ petition is covered in favour of the petitioners as per the judgment of a Division Bench of this Court in _**Mattanchery Mahajanik Co-operative Urban Bank Ltd., Kochi and Another v. Rajendran M. and Others [2016 (2) KHC 781]**_ . Paragraphs 8 and 9 of the said decision reads thus : _“8. A plain reading of sub rule (1) of Rule 185 indicates that appointments to the categories of posts in a society other than those mentioned in sub rules (2), (3) and (4) shall be made by promotion. Thus, except those provided in sub rules (2), (3) and (4), the appointment to the categories of posts in a society shall be filled up by promotion. Learned counsel for the appellants contends that since the word 'posts' has been used, the Rule contemplated that when there are more than one post in a category, only then, it has to be filled up by promotion. The use of word 'categories of posts' does not indicate that the Rule indicated that if there are more than one post in a category, only then it should be filled up by promotion. Had the legislature intended any such interpretation, the same could have been expressly mentioned. However, from under the General Clauses Act, the use of a word in plural sense can be read as singular and vice versa. We, thus, are not persuaded to accept the submission of the learned counsel for the appellants that the mere use of the word 'posts' in sub rule (1) of Rule 185 take out the post of General Manager of the Society out of the purview of sub rule (1). There is no dispute between the parties that the post of General Manager of the Society is not covered by sub rules (2), (3) and (4). Thus, the same is covered by sub_ W.P.(C).No.36792 of 2016 3 _rule (1) and that is to be filled up by promotion._ _9. Now coming to the Feeder Category Rules, which is filed as Ext.P2(a), the said Rule has been amended by decision dated 3[rd] August, 2012. The amendment proposed is as follows: “To be amended:_ |_o be amended:_|| |---|---| |**_Name of the_** **_post_**|**_Feeder Category_**| |_1. General_ _Manager_ _2. Deputy_ _General_ _Manager_|_1. a. Direct appointment_ _b. Promotion from the_ _post of Deputy General_ _Manager post. From_ _those who are qualified_ _in accordance with the_ _Kerala_ _Co-operative_ _Law and Rules._ _2. Direct appointment/_ _Inspector of branches/_ _Chief accountant/_ _Branch_ _manager/_ _Internal_ _auditor/_ _Development officer_ _(3:1)”_| _A perusal of the aforesaid amendment indicates that for General Manager, it is not provided that the post is to be filled up by promotion. Rather, a perusal of the Feeder Category Rules indicates that both direct recruitment and promotion have been used. There is no indication that when the direct recruitment is to be resorted to. As observed above, as per the statutory rule, the posts which are not covered by sub rules (2), (3) and (4) are to be filled up necessarily by promotion. When there is statutory prescription under sub rule (1) of Rule 185 for filling up the post by promotion, there is no latitude to the managing committee to frame Feeder Category Rule giving option of filling_ W.P.(C).No.36792 of 2016 4 _up the post both by direct recruitment and promotion.”_ 5. In view of the law laid down by the Division Bench of this Court in _**Mattanchery Mahajanik Co-operative Urban Bank Ltd.'s case supra**_ , the post of General Manager can be filled up only by way of promotion. 6. It is submitted by the learned Standing Counsel for the 1[st] respondent Bank that the Bank has already dropped the proposal to have direct recruitment to the post of General Manager in terms of Ext.P7 notification. In such circumstances, this writ petition is disposed of, recording the submission made by the learned counsel for the 1[st] respondent Bank that they have already dropped further proceedings pursuant to Ext.P7 notification for direct recruitment to the post of General Manager. Sd/- ## **ANIL K.NARENDRAN JUDGE** AV