LexSUBHA B. NAIR & ORS. versus STATE OF KERALA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2008] 9 S.C.R 1058 .... A SUBHA B. NAIR & ORS. • V. STATE OF KERALA & ORS. (Civil Appeal No. 4176 of 2008) B MAY 27, 2008 [S.B. SINHA AND LOKESHWAR SINGH PANTA, JJ.] )' . Service law - Cadre strength - Determination of - Req- uisition by bank to fill uµ 214 posts of clerk/cashier in Co-op- c erative Bank-Approval of 208 posts by Registrar- Only 201 vacancies filled up - Challenge to - Order of High Court that seven more vacancies to be filled up, one vacancy having arisen due to non-joining of duty - Justification of - Held: Or- der of High Court sustainable - Approval of Registrar is nee- D essary - It is within the domain of employer to fill up existing vacancies or not - Bank had taken a policy decision not to fill .. up any other or further post - More so, rank list expired and • thereafter, the vacancies could not be directed to be filled up - Cadre strength of Co-operative Society would depend upon E its classification - Statement for classifying the branches were not prepared scientifically - Further, there has been comput- erization of branches in the Bank - Kera/a Cooperative Soci- eties Rules, 1969. ,; Respondent-Cooperative Bank made a requisition ~ F to respondent no. 4-State Public Service Commission for ,. appointment of 214 clerk/cashier in the Bank. The respon- dent No.2-registrar approved only 208 posts. 201 vacan- cies were filled up. Appellant filed writ petition on the ground that the respondent-Bank could fill 16 more va- G cancies. The Single Judge of the High Court held that having regard to the approved vacancy position, six more vacancies could be filled up and one vacancy having 4 arisen due to non-joining of the candidate could also be ~ filled up. It issued direction to fill up seven more vacan- H 1058 "4 SUBHA B. NAIR & ORS. v. STATE OF 1059 +- KERALA & ORS. ... cies. In appeal, order of High Court was upheld. Hence, A the present appeal. Appellants contended that the High Court commit- ted a serious error as the approval of Registrar in such matters was not necessary; and that in any event profit- B ability or otherwise of the Cooperative Bank was not a ...... relevant factor for determining the cadre strength. Respondent-Cooperative Bank, Kerala Public Ser- vice Commission and the State of Kerala contended that the rank list having expired on 31.12.2004, the High Court c could not have issued any writ on the petition filed by the appellants as the Bank had taken a policy decision not to fill up any other or further post; and that under Rule 182 of the Kerala Cooperative Societies Rules, 1969, the ap- .... proval of the Registrar is imperative . D Dismissing the appeals, the Court HELD: 1.1 After the processes were gone into for ap- pointment of Clerk-cum-cashier in the Bank, rank list was prepared on or about 18.09.2001. Its validity expired on E or about 31.12.2004. Some persons did not join the posts. The vacancies remained unfilled. Another requisition for filling up of the vacancies position was notified again on ~ or about 10.05.2005 by which date the validity of the ea·r- " lier rank list expired. Pursuant or in furtherance thereof the Commission already conducted an examination on F 10.05.2008, and in terms thereof a fresh rank list would be prepared. [Para 6] [1064-B,C & D] 1.2 A decision on the part of an employer whether to fill up the existing vacancies or not is within its domain. G On this limited ground in absence of discrimination or ar- ~ bitrariness, a writ court ordinarily would not interfere in such matters. [Para 7] [1064-D & E] Deepa Keyes v Kera/a State Electricity Board (2007) 6 SCC 194; K. Thu/aseedharan v Kera/a State Public Service H 1060 SUPREME COURT REPORTS [2008] 9 S.C.R. I'- -;. A Commission, Trivandrum and Others (2007) 6 SCC 190 - / relied on. 1.3 Recruitment to a post having regard to the provi- sions contained in Article 320 of the Constitution of India B must be made by the Committee in terms of the Statutory Rules. Kerala Cooperative Societies Rules, 1969 has un- dergone a change in 2004 by way of Kerala Cooperative ,.. .. Societies (Amendment) Rules, 2004. Thus, it may not be \... I entirely correct that the Registrar will have no say in the matter. [Paras 9, 11 and 12] [1064-G; 1065-E,F & G] c 1.4 Financial heath of a bank is a relevant factor. In the instant case, from the profit and loss account it ap- peared that the statement for classifying the
Excerpt shown. Read the full judgment & AI analysis in Lexace.