IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 OP.No. 6313 of 1997(B) -------------------------------- PETITIONER: ------------------- J.J.ARSHAD BEEGUM, PRESENTLY WORKING AS L.D.TYPIST, IQBAL COLLEGE, PERINGAMALA, THIRUVANANTHAPURAM. BY ADV. SRI.K.B.GANGESH RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY, HIGHER EDUCATION,. DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE SECRETARY, EQBAL COLLEGE TRUST, PERINGAMALA, THIRUVANANTHAPURAM. 4. PRINCIPAL, IQBAL COLLEGE, PERINGAMALA, THIRUVANANTHAPURAM. 5. SMT.AZEENA N., PRESENTLY WORKING AS L.D.CLERK, IQBAL COLLEGE, PERINGAMALA, THIRUVANANTHAPURAM. 6. SRI.M.H.SAJITH SHAH, PRESENTLY WORKING AS L.D.CLERK, IQBAL COLLEGE, PERINGAMALA, THIRUVANANTHAPURAM. 7. NAZEEM BEEGUM, PRESENTLY WORKING AS L.D.CLERK, PERINGAMALA , THIRUVANANTHAPURAM. OP. NO.6313/1997 ADDL. 8TH RESPONDENT IMPLEADED. 8. NAJEEB A., M.ABDUL RASHEED, NIZAR MANZIL, DAIVAPPURA P.O., PERINGAMALA, THIRUVANANTHAPURAM IS IMPLEADED AS THE 8TH ADDITIONAL RESPONDENT IN IP. 6313/97 B AS PER ORDER DT. 21.6.99 IN CMP. 23676/1999. R3 &R4 BY ADV. SRI.P.GOPALAKRISHNAN NAIR SRI.V.N.ACHUTHA KURUP SRI.B.S.SWATHY KUMAR SRI.JOE JOSEPH KOCHIKUNNEL SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU R5 TO R7 & R8 BY SRI.T.H.ABDUL AZIZ. BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/01/2008, ALONG WITH OP NO. 14661 OF 1999 THE COURT THE SAME DAY ON DELIVERED THE FOLLOWING: OP. NO.6313/1997 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE APPOINTMENT ORDER OF THE EPTITIONER DT. 3.5.93. EXT.P2:- COPY OF THE PROCEEDINGS DT. 25.11.94. EXT.P3:- COPY OF THE GOVERNMENT ORDER DT. 25.10.91. EXT.P4:- COPY OF THE CIRCULAR DT. 6.11.93. EXT.P5:- COPY OF THE COMMUNICATION DT. 28.7.94. EXT.P6:- COPY OF THE COMMUNICATION DT. 18.10.95. EXT.P7:- COPY OF THE COMMUNICATION DT. 18.10.95. EXT.P8:- COPY OF THE ORDER DT. 8.3.96. EXT.P9:- COPY OF THE REPRESENTATION DT. 5.6.96. EXT.P10:- COPY OF THE REPRESENTATION DT. 19.8.96. EXT.P11:- COPY OF THE LETTER DT. 21.8.96. E.XT.P12:- COPY OF THE REPRESENTATION DT. 9.9.96. EXT.P13:- COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DT. 11.9.96. EXT.P14:- COPY OF THE REPRESENTATION DT. 22.1.97. EXT.P14(a):- COPY OF THE PROCEEDINGS DT. 1.10.96. EXT.P15:- COPY OF THE MEMO DT. 9.3.97 ISSUED BY THE SECRETARY IQBAL COLLEGE TRUST. EXT.P15(a):- COPY OF THE POSTAL COVER. EXT.P16:- COPY OF THE REPLY TO EXT.P15 BY THE PETITIONER. EXT.P17:- COPY OF THE COMMUNICATION COLLEGE TRUST. EXT.P18:- COPY OF THE COMMUNICATION BEARING NO.IC A4.380/99 SENT BY THE PRINCIPAL, IQBAL COLLEGE TO THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAMSE S.SIRI JAGAN, J = = = = = = = = = = = O.P. Nos. 6313 of 1997 and 14661 of 1999 = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of January, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T The petitioner in O.P. No.6313/97 was appointed as L.D. Typist in the Iqbal College, which is an aided college, in a leave vacancy, for the period from 4.5.1993 to 31.8.1996 by Ext.P1 order and the said appointment order was approved by Ext.P2 order. At that time the post of L.D. Typist was not a feeder category for the promotion of L.D. Clerk, as evidenced by Ext.P3 order. Subsequently, by Ext.P4 order it was clarified that L.D. Typist is also eligible to be considered for promotion to the post of L.D. Clerk. However, L.D. Typist had an option either for inclusion in the feeder category or to remain out of the feeder category for which, option has to be submitted by the L.D. Typist within a stipulated period. Petitioner did not file any option and therefore according to the petitioner she should be included in the feeder category for promotion to the post of L.D. Clerk. In the meantime, two vacancies of L.D. Clerk arose in the College on 1.1.1994 and 1.6.1994. Though petitioner claimed promotion O.P. Nos. 6313 of 1997 and 14661 of 1999 2 to that post, two other persons namely, respondents 5 and 6 were appointed to those vacancies. Thereafter, another vacancy arose on 18.3.1995, to which the 7th respondent was appointed. When the appointment of the 7th respondent was forwarded for approval, by Ext.P6, the Director of Collegiate Education returned the same as rejected on the ground that the petitioner is eligible for the post of L.D. Clerk and therefore revised proposal may be forwarded for considering the approval of category change of the petitioner as L.D. Clerk. However, by Ext. P8 order, the very same Director of Collegiate Education approved the appointment of respondents 5, 6 and 7. The petitioner in O.P. No.6313/97 challenges Ext.P8 order of approval and seeks declaration that she is eligible for promotion to the post of L.D. Clerk with effect from 1.9.1994. In the original petition, the petitioner obtained an Interim Order to the effect that all promotions made to the post of L.D. clerk would be subject to the result of the original petition. It appears that on the strength of that Interim Order, the petitioner represented to the management of the College to permit her to work as L.D. Clerk in the Iqbal College. Pursuant to the representation, the petitioner was permitted to work as L.D. Clerk in the college with effect from 1.9.1999, as per Ext.P8 O.P. Nos. 6313 of 1997 and 14661 of 1999 3 order in O.P. No. 14661/1999. The petitioner in O.P. No. 14661/1999 had approved service in the college for the period from 12.7.95 to 31.3.97. Again he was appointed in a leave vacancy for the period from 1.4.97 to 30.9.97. In view of the pendency of O.P. No.6313/1997, that appointment was not approved. He was also not appointed in the subsequent vacancy which arose on 1.10.97. The petitioner in O.P. No. 14661/1999, who has been subsequently impleaded as 8th respondent in O.P. No. 6313/1997 is challenging Ext.P8 order in O.P. No. 14661/1999 and claims approval of his appointment for the period from 1.4.97 to 30.9.97 and appointment in the vacancy which arose on 1.10.97. 2. The contention of the petitioner in O.P. No. 6313/1997 is that in so far as prior to the occurrence of the vacancy of L.D. Clerk, Exts.P4 and P5 orders were passed by which the post of L.D. Typist was included as a feeder category for promotion to the post of L.D. Clerk and she being the senior most L.D. Typist, she should have been promoted to the post of L.D. Clerk before appointing any other person such as respondents 5 to 8. O.P. Nos. 6313 of 1997 and 14661 of 1999 4 3. On the other hand, the learned counsel for the 8th respondent would contend that the petitioner in O.P. No. 6313/1997 is not a regular member of the service of the College, she having been appointed only in a leave vacancy for a limited period and therefore she is not eligible for promotion to any higher post in the College. 4. I have considered the rival contentions. Admittedly, the petitioner in O.P. No.6313/1997 was appointed only in a leave vacancy for the period from 4.5.1993 to 31.8.1996. Therefore, on the expiry of that period she will have to go out of service. The person appointed in a leave vacancy is not a regular member of the service of the College. That being so, petitioner is not entitled to any rights or privileges as an regular member of service including promotion to higher post. As such, the petitioner in O.P. No. 6313/1997 is not eligible for any of the reliefs prayed for in that original petition. Accordingly, O.P. NO. 6313/1997 is dismissed. 5. In O.P. No.14661/1999, the petitioner claims to be a person having preferential claim for appointment in subsequent O.P. Nos. 6313 of 1997 and 14661 of 1999 5 vacancies by virtue of his prior approved service which claim has not considered because of the claim raised by the petitioner in O.P. No.6313/1997. Now that O.P. No. 6313/1997 has been dismissed, I dispose of that original petition by quashing Ext.P8 in that O.P, with a direction to the 3rd respondent to consider his claim for approval of his service for the period from 1.4.1997 to 30.9.1997 and with a further direction to the 4th respondent to consider his claim for appointment in the vacancy hitherto occupied by the additional 6th respondent and forward necessary proposal for approval of appointment to the 3rd respondent in that vacancy. The petitioner in O.P. No. 14661/1999 would be eligible for all service benefits from the date when he was eligible for such appointment except monetary benefits. The 4th respondent shall forward the appointment order to the 3rd respondent within two weeks from the date of receipt of a copy of this judgment and the 3rd respondent shall pass orders on the approval of appointment of the petitioner for the above periods within a further period of one month from the date of receipt of the proposal for approval. O.P. Nos. 6313 of 1997 and 14661 of 1999 6 O.P. No. 14661/1999 is disposed of as above. S. SIRI JAGAN, JUDGE bkn/-