Case Note & Summary
The appellant, Sudhir Chatarpal Kedar, a Civil Engineer, was appointed as Engineer/Officer Grade-I in the Maharashtra State Co-operative Bank in July 1990 and confirmed in 1991. In 1994, he claimed promotion to the post of Deputy Chief Officer, alleging that juniors were considered for the post, violating equality principles. He filed Regular Civil Suit No. 1530 of 1994 seeking a declaration and direction for consideration. The trial court dismissed the suit. The District Court allowed the appeal, holding in favour of the plaintiff. The bank filed a second appeal. The High Court admitted the appeal on the substantial question of whether the bank is a 'State' under Article 12 of the Constitution. The court noted that the bank is a co-operative society and not a 'State', and that the appellant, being in the technical cadre, was not entitled to consideration for a general cadre post. The court dismissed the second appeal, setting aside the District Court's judgment and restoring the trial court's dismissal.
Headnote
A) Constitutional Law - Definition of 'State' - Article 12 of the Constitution of India - Co-operative Bank - The issue was whether the Maharashtra State Co-operative Bank is a 'State' under Article 12. The court held that the bank, being a co-operative society registered under the Maharashtra Co-operative Societies Act, is not a 'State' and therefore not amenable to writ jurisdiction. The appeal was dismissed. (Paras 1-2) B) Service Law - Promotion - Technical Cadre - The appellant, a Civil Engineer in the technical cadre, claimed promotion to the post of Deputy Chief Officer, which belonged to the general cadre. The court held that the appellant was not entitled to be considered for a post in a different cadre, and the bank had not acted arbitrarily or discriminatorily. (Paras 2-4)
Issue of Consideration
Whether the Maharashtra State Co-operative Bank is a 'State' within the meaning of Article 12 of the Constitution of India, and whether the appellant was entitled to be considered for promotion to the post of Deputy Chief Officer.
Final Decision
Second appeal allowed; judgment of District Court set aside; judgment of trial court dismissing suit restored.
Law Points
- Article 12 of the Constitution of India
- definition of 'State'
- co-operative bank not a State
- promotion in technical cadre
- maintainability of civil suit against co-operative society
