IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 6189 of 2009(P) ------------------------- PETITIONERS: --------------- S.A.CHANBEEBI, PROJECT OFFICER (COIR), THRISSUR 680 001. BY ADV. SRI.V.RAJENDRAN RESPONDENTS: --------------- DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.6189 of 2009 -------------------------- Dated this the 26th February,2009 J U D G M E N T The petitioner is now working as a Project Officer (Coir) at Thrissur which is the cadre of the Deputy Registrar of Co-operative Societies in the Kerala Industries Service. Even though the normal channel for promotion of an Assistant District Industries Officer is to the post of Assistant Registrar of Co-operative Societies, this promotion was not given to the petitioner on the presumption that she was not qualified. Further contention raised is that it was only due to a lacuna in the Special Rules which resulted in gross injustice to the petitioner. Petitioner is having the qualification B.Com degree with Co-operation and the qualifications prescribed for promotion as Assistant Registrar show that apart from minimum general educational qualification of S.S.L.C and other qualifications provided are Higher Diploma in Co-operation or Junior Diploma in Co- W.P ( C) No.6189 of 2009 2 operation awarded by the Kerala State Co-operative Union or Co-operative Subordinate Personnel Training or B.Sc (Co-operation and Banking) degree awarded by the Kerala Agricultural University. According to the petitioner B.Com Degree with Co-operation is a higher on than HDC and therefore she is liable to be considered. 2. The question whether B.Com degree with Co- operation will be sufficient qualification for promotion was considered by this Court in Exhibit-P1 judgment in respect of a similarly placed officer under the same department. The contention raised therein was that even though the qualification of B.Com degree with Co-operation is prescribed as a qualification for direct recruitment to the post of Assistant Registrar, the same is not a qualification for promotion. This contention was rejected by this Court and it was declared that petitioner therein is eligible to be considered for promotion as Assistant Registrar along with the persons having the prescribed qualification in the Rules for promotion. The view taken is that the additional qualification of JDC or HDC , will, definitely be covered by W.P ( C) No.6189 of 2009 3 B.Com with Co-operation. 3. Claiming the benefit of said judgment, petitioner has filed Exhibit-P2 representation before the respondent. In Exhibit-P2, petitioner seeks for a retrospective promotion as Assistant Registrar from the date of promotion of her junior one Sri. K. Abdul Kareem. 4. Therefore, the respondent will consider and pass orders on Exhibit-P2, in accordance with law, and after considering the dictum laid down in Exhibit-P1 judgment. The same shall be done within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.6189 of 2009 4 W.P ( C) No.6189 of 2009 5