IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 3702 of 2009(N) ------------------------------------ PETITIONER(S): ------------------------- SAJEEV.S.R., JUNIOR INSTRUCTOR, ADVANCED VOCATIONAL TRAINING SYSTEM H.M.T.COLONY, PO.KALAMASSERY. BY ADV. MR.ELVIN PETER P.J. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TRAINING, INDUSTRIAL TRAINING DEPARTMENT, THYCAUD, THIRUVANANTHAPURAM. 3. JOINT DIRECTOR, DIRECTORATE OF TRAINING, THYCAUD, THIRUVANANTHAPURAM. 4. V.RAJESH, SENIOR INSTRUCTOR, INDUSTRIAL TRAINING INSTITUTE, KANNUR. GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3702/2009 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER DT. 3.6.97 OF THE 3RD RESPONDENT. P2:- COPY OF THE ORDER DT. 8.11.99 OF THE 3RD RESPONDENT. P3:- COPY OF THE CERTIFICATE IN B.TECH MECHANICAL ENGINEERING ISUED TO THE PETITIONER. P4- COPY OF THE ORDER DT. 4.8.03 OF THE 2ND RESPONDENT. P5:- COPY OF THE ORDER DT. 10.10.03 OF THE 2ND RESPONDENT. P6:- COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE PRINCIPAL , CENTRAL TRAINING INSTITUTE , CHENNAI. P7:- COPY OF THE RELEVANT EXTRACT OF THE GRADATION LIST OF JUNIOR INSTRUCTORS AS ON 31.7.07 PUBLISHED BY THE 2ND RESPONDENT. P8:- COPY OF THE ORDER DT. 20.4.06 ISSUED BY THE 3RD RESPONDENT. P9:- COPY OF THE REPRESENTATION DT. 7.10.08 SUBMITTED BY THE PETITONER BEFORE THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE TSS T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3702/2009-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of March, 2009 J U D G M E N T The petitioner is presently working as Junior Instructor in the Industrial Training Department pursuant to the order of appointment dated 03/06/1997. His probation in the category of Junior Instructor was declared as per order dated 08/11/1999, with effect from 29/08/1999. This is evident from Ext.P2. Going by the relevant Subordinate Service Rules, he is entitled to the next promotion post of Senior Instructor. The note to Rule 2 of the Kerala Craftsmen Training Subordinate Service Rules prescribes the qualification for promotion. At the time of entry in service, he was having the qualification of Diploma in Mechanical Engineering. Thereafter, he acquired B.Tech Degree in Mechanical Engineering from Calicut University, which is evidenced by Ext.P3. Under Rule 6 of the above Rules, it is made clear that only persons who have successfully completed training in the Central Training Institute shall be eligible for promotion. 2. The case of the petitioner as pleaded in the writ petition shows the following: He was deputed in the first instance for undergoing training in the Central Training Institute in August 2003 as per Ext.P4 order. The petitioner joined for training in Hyderabad and subsequently, he developed W.P.(C) No.3702/2009 -:2:- kidney-stone and therefore, he requested to relieve him from Hyderabad on medical grounds and, as per Ext.P5 order he was permitted to get relieved from A.T.I Hyderabad and to rejoin at I.T.I., Kalamassery. Thereafter, he was deputed for training in July 2006 and he completed the same from Advanced Training Institute, Chennai. This is evidenced by Ext.P6 certificate. 3. In Ext.P7 gradation list, he is shown as Sl.No.440. According to the petitioner, Junior Instructors in the Department as on 31/07/2007, upto the rank No.339 have been promoted to the post of Senior Instructors. The last order of promotion is produced as Ext.P8. Seeking for promotion in an existing vacancy he filed Ext.P9 representation and since no action was taken he approached this Court by filing W.P.(C).No.30533/2008 and accordingly, Ext.P10 order was passed. In Ext.P10, the view taken is that the petitioner has not acquired the training qualification. 4. The petitioner submits that Ext.P6 has not been considered by the third respondent while passing Ext.P10 order. A reading of Ext.P6 shows that the petitioner has attended a module of Training Methodology from May 2006 to July 2006. Since the said certificate was made available before the third respondent, the effect of the same ought to have been considered while considering his claim for promotion in accordance with the judgment of this Court in W.P.(C).No.30533/2008. Since the petitioner W.P.(C) No.3702/2009 -:3:- had not completed the training when he was deputed at the first instance, he was permitted to undergo training again by Ext.P5 order. The third respondent has not examined the said question. Therefore, Ext.P10 is quashed. There will be a direction to the second respondent to consider the claim of the ,petitioner for promotion afresh in the light of Ext.P6 certificate in accordance with the seniority and, appropriate orders shall be passed within a period of two months from the date of receipt of the copy of this judgment. While considering his claim for seniority, he will be assigned appropriate seniority also. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms