IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 25328 of 2006(M) ---------------------------------------- PETITIONER: -------------------- BABY.K.A., EXTENSION SERVICE OFFICER, REGIONAL OFFICE, COIR BOARD, POLLACHI. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ------------------------- 1. COIR BOARD, M.G.ROAD, ERNAKULAM-REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, COIR BOARD, M.G.ROAD, ERNAKULAM. 3. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF COMMERCE, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25328/2006 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ORDER NO.39 DTD. 18/08/98 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE PROMOTION ORDER NO.38 DTD. 19/07/2005 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 28/09/98. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 20/09/2001. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 14/12/2005. EXT.P6: COPY OF THE COMMUNICATION NO.CB/ADM/2001/32 DTD. 14/07/2006 ISSUED TO THE PETITIONER BYTHE 1ST RESPONDENT. EXT.P7: COPY OF THE EXPERIENCE CERTIFICATE OBTAINED BY THE PETITIONER. EXT.P8: COPY OF THE PAY FIXATION ORDER ISSUED BY THE DEPARTMENT TO SHRI. G. POOPALAN. EXT.P9: COPY OF THE LETTER DTD. 23/08/1993 ISSUED BY THE ADMINISTRATIVE OFFICER. EXT.P10: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss V. GIRI ,J. ------------------------------- WP(C).NO. 25328 of 2006 --------------------------------- Dated this the 4th day of February, 2008. JUDGMENT The petitioner entered service in the Coir Board as Shift Supervisor. As per Recruitment Rules the promotion post of Shift Supervisor is Dyeing Assistant. Apparently, when vacancy in the promotion post arose in 1989 the petitioner was not considered, though he was qualified on the premise that he was not experienced in that regard in 1989. Thereupon, one G.Poopalan, was appointed as Dyeing Assistant. Thereafter when G.Poopalan was promoted as Assistant Director in 1995, the same vacancy arose. It seems that a circular was issued by the Board calling for interested persons to apply for the said post. The stand of the respondents is that the petitioner did not apply and therefore one Isbel Rose Anto applied and that was the sole reason the petitioner was not considered for the post of Dyeing Assistant . The following stand taken in paragraph 5 of the counter affidavit is significant: WPC.25328 /2006 2 “ It is respectfully submitted that even though a vacancy of Dyeing Assistant had arisen in the Board during the month of October, 1995 and even though the circular to that effect was issued by the Board and circulated among the employees, the petitioner did not care to apply for the post and did not respond to the same. Solely for the aforesaid reason the name of the petitioner could not be considered for a regular promotion to the said vacancy at that time.” 2. It seems that there were no other qualified employees available in the Coir Board for promotion to the said post,so the Board was constrained to resort to an arrangement to fill up the vacancy. 3. The petitioner had approached this court in OP.No.16973/1997 which was disposed of by judgment dated 20.7. 1998. Paragraph 2 of the said judgment reads as follows:- “ The second respondent takes the stand that the petitioner never applied to the second respondent for promotion as Dyeing Assistant. I do not think it is necessary for the petitioner to apply for a post to which he is entitled to be promoted as an inservice candidate. It is for the second respondent to make promotion to the post on the basis of the qualification and seniority. Therefore, the second respondent is directed to consider the case of the petitioner WPC.25328 /2006 3 for promotion/appointment as Dyeing Assistant in accordance with the seniority and qualifications. This must be done within one month from the date of receipt of a copy of this judgment.” 4. It is pursuant to the said judgment, by Ext.P1 order the petitioner was promoted as Dying Assistant but only with effect from 18.8.1998. According to the petitioner, his promotion to the post of Dying Assistant should have been regularised with effect from the date G.Poopalan was promoted to the post of Assistant Director,i.e. with reference to the date on which the substantive vacancy in the said post arose viz. July, 1995 as evidenced by Ext.P2. 5. In the counter affidavit it is contended that the petitioner did not respond to the circular issued in 1995 seeking applications for appointment to the post of Dyeing Assistant and for the sole reason the petitioner is not considered for the said post. Admittedly, the post was not filled up thereafter by any regular appointment. Even according to the respondents, they had resorted to a charge arrangement. 6. Heard learned counsel for the petitioner WPC.25328 /2006 4 Sri.N.N.Sugunapalan and the learned Assistant Solicitor General Sri.Parameswaran Nair. In my view the petitioner's case is covered in his favour by the judgment of this court in OP.No.16973/1997. Apparently, the Coir Board had taken the same stand in the earlier writ petition also viz. the petitioner did not apply to the second respondent for promotion as Dyeing Assistant. This court considered the said stand and found it to be untenable and therefore, directed the Coir Board to consider the case of the petitioner for promotion to the post of Dyeing Assistant in accordance with seniority and qualification. In other words, the vacancy was liable to be filled up on the basis of seniority and qualification. Admittedly, there was a vacancy in July,1995. Exts.P9 and P10 show that the petitioner had actually applied for the said post as well. 7. In the result the writ petition is allowed. Ext.P6 is quashed. The second respondent is directed to reassign the petitioner's date of promotion to the post of Dyeing Assistant in accordance with law and the directions already issued by this court in the judgment in OP.No.16973/97 dated 20.7.1998 and in the light of the observations made hereinabove. The WPC.25328 /2006 5 petitioner shall be entitled to consequential benefit arising therefrom. Appropriate orders shall be passed within three months from the date of receipt of a copy of this judgment V. GIRI, JUDGE. Pmn/