WP(C) NO. 44797 OF 2024 1 2025:KER:23792 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 WP(C) NO. 44797 OF 2024 PETITIONER: J. REKHA SUNDARAM AGED 53 YEARS DEPUTY GENERAL MANAGER (HOLDING THE ADDITIONAL CHARGE OF GENERAL MANAGER) KERALA STATE CO-OPERATIVE UNION THYCAUD PO, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. M.U.VIJAYALAKSHMI K.JAJU BABU (SR.) BRIJESH MOHAN SACHIN RAMESH ATHUL TOM MANIKANTAN S.KANDATHIL RESPONDENTS: 1 KERALA STATE CO-OPERATIVE UNION, SAMSTHANA SAHAKARANA BHAVAN OOTUKUZHY, THIRUVANANTHAPURAM REPRESENTED BY ITS ADDL. REGISTRAR- SECRETARY, PIN - 695001 2 THE ADDL. REGISTRAR -SECRETARY. STATE CO-OPERATIVE UNION, SAMSTHANA SAHAKARANA BHAVAN OOTUKUZHY, THYCAUD PO, THIRUVANANTHAPURAM, PIN - 695001 BY ADV K.B.PRADEEP K.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 44797 OF 2024 2 2025:KER:23792 JUDGMENT The petitioner has been working as Deputy General Manager in the Kerala State Co-operative Union established by the Government of Kerala under Section 89 of the Kerala Co-operative Societies Act, 1969. The next post is the post of General Manager, which is a promotional post. The petitioner is the senior most Deputy General Manager working in the said union. After the retirement of incumbent General Manager Smt.Preetha John on 31.05.2024, the petitioner was given ad-hoc charge of General Manager and she has been discharging the duties and responsibilities of the said post on an ad-hoc basis thereafter. The petitioner has approached this Court in the present Writ Petition claiming that the respondent union should be directed to promote the petitioner as General Manager of the union from the date of retirement of Smt.Preetha John from the post of General Manager. 2. The learned counsel for the petitioner also submits that the petitioner has requisite qualification and seniority inasmuch as she is senior most in the seniority list, she should be promoted to the post of General Manager with effect from 01.06.2024. WP(C) NO. 44797 OF 2024 3 2025:KER:23792 3. The learned counsel for the petitioner also submits that the applicable rules for considering the promotion of the petitioner should be the rules applicable on the date of vacancy of the promotional post. The learned counsel for the petitioner submits that as the vacancy arose on 01.06.2024, the rules applicable on 01.06.2024 should be applied while considering the claim of the petitioner for promotion to the post of General Manager. The learned counsel for the petitioner has placed reliance on the judgment of the Honourable Supreme Court in Union of India and others v. Krishna Kumar and others [2019 KHC 2397] in support of this submission. 4. On the other hand, the learned counsel for the respondent union submits that no consideration for promotion to the post of General Manager has been given till date and before the respondent could consider the petitioner and other eligible candidates for the promotion to the post of General Manager, the qualification has been changed vide resolution dated 11.03.2024. He, therefore, submits that even before the vacancy arose in the post of General Manager, the qualification got changed. The union WP(C) NO. 44797 OF 2024 4 2025:KER:23792 has already taken the decision to amend the qualifications for the post of General Manager and to replace graduation with a postgraduate degree. This resolution has now been passed by the first respondent. The Government has approved the said rules on 08.01.2025. 5. The learned counsel for the respondents therefore submits that when the respondent union has already decided to change the qualification for the post of General Manager from graduation to Post graduation degree and passed the resolution in March 2024 and sent the resolution for ratification to the Government, pending ratification no consideration could be given for promotion to the post of General Manager. Therefore, the submission of the learned counsel for the petitioner that the pre- amended qualification should be made applicable for considering the promotion of the petitioner to the post of General Manager has no basis. 6. I have considered the submissions advanced on behalf of the learned counsel for the petitioner as well as the learned counsel for the respondent union. The facts are not in dispute. WP(C) NO. 44797 OF 2024 5 2025:KER:23792 7. The petitioner was given ad-hoc charge of the General Manager on retirement of Smt.Preetha John on 31.05.2024. However, the respondent union has not considered the case of promotion on regular basis inasmuch as the respondent union has already taken a decision to change the educational qualification for the said post from graduation to Post graduation with Doctorate as a desirable qualification. The said resolution was passed way back in March 2024, and it was sent for ratification. 8. The judgment cited by the learned counsel for the petitioner is of no assistance to the petitioner, inasmuch as the relevant date for applying the promotion rules is the date of consideration. It is not in dispute that the respondent union has considered the case of the petitioner and other eligible candidates for promotion till date. Therefore, as and when the respondent union takes up the case for promotion, the prevalent rule shall be made applicable, and the qualification shall be considered as per the prevalent rule on the date of consideration. WP(C) NO. 44797 OF 2024 6 2025:KER:23792 In view thereof, I do not find that the petitioner has a right for promotion when she admittedly does not have the requisite qualifications as per the amended rules. Thus, there is no substance in this Writ Petition and is hereby dismissed. Sd/- D. K. SINGH JUDGE lsn WP(C) NO. 44797 OF 2024 7 2025:KER:23792 APPENDIX OF WP(C) 44797/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SENIORITY LIST VIDE NO.ADM(1)/5311/2020 PUBLISHED BY THE 1ST RESPONDENT ON 19.12.2020 Exhibit P2 TRUE COPY OF THE ORDER NO.ADM(1)/1113/2022(1) DATED 07.10.2022 OF THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER NO.ADM(1)/4747/2023 (2) DATED 23.06.2023 OF THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER NO.ADM(1)/3364/2024 DATED 31.05.2024 OF THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 14.10.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE STAFF REGULATIONS OF THE STATE CO-OPERATIVE UNION, 1981 APPROVED BY THE GOVERNMENT AS PER GO(MS) NO. 155/AD DATED 20.04.1981 Exhibit P7 TRUE COPY OF GO(RT) NO. 560/2019/CO-OP DATED 19.09.2019 ALONG WITH ENGLISH TRANSLATION