The petitioner is aggrieved with the restriction in Ext.P2 Order insofar as allowing the promotion to the post of Secretary, only from the date of Ext.P2 Order.
2. The petitioner had been an employee of the Bank, working in the post of Assistant Secretary, the feeder category to the post of Secretary from 12.2.2013. The petitioner was above 54 years of age and also had JDC (Junior Diploma in Commerce).
3. As per Rule 185(8)(b) when the academic qualification prescribed is graduation and above for a post, exemption from acquiring the said qualification can be granted by valid resolution, passed by the Managing Committee, if the candidate, proposed to be promoted, has passed JDC or equivalent, has a minimum service of five W.P.(C) No. 20814/2014 -2-
years in the feeder category and is also above 45 years of age. The proviso further provides that if a particular employee is above 53 years and there is none in the feeder category, who has 20 years service and has a graduation, junior to the said employee, then exemption can be granted to the prescription of minimum five year service, in the feeder category.
4. The Managing Committee has noticed in Ext.P1 that the petitioner is 54 years in age. The Managing Committee has also categorically, in Ext.P1, stated that there is no graduate in the feeder category, who has 20 years of service. In fact, the petitioner’s counsel submits that there is none other in the feeder category since the Society is a small Society having only one Assistant Secretary. In such circumstance, going by the binding precedents of this Court, Ext.P2 is set aside only to the extent of granting promotion to the petitioner from the date W.P.(C) No. 20814/2014 -3-
of that Order. Promotion has to relate back to the date of resolution or the date of appointment to the said post, whichever is later.
The Writ Petition is allowed.
Sd/- K.VINOD CHANDRAN, JUDGE jjj