IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 15929 of 2003(U) -------------------------- PETITIONER: ------------ P.R. LALITHA KUMARI, SENIOR INSTRUCTOR, INDUSTRIAL TRAINING INSTITUTE, CHALAKKUDY. BY ADV. SRI.R.ANILKUMAR RESPONDENTS: ------------- 1. THE DIRECTOR, EMPLOYMENT & TRAINING INDUSTRIAL TRAINING DEPARTMENT, THYCAUD, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY G.P. SMT.SMITHA SUKUMARAN FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2008, ALONG WITH WPC NOS.15598 OF 2006 & 14174/2007, THE COURT ON 19/06/2008 DELIVERED THE FOLLOWING: ORDER IN I.A. NOS.529/2003 & 30/2005 IN W.P.(C) NO.15929/2003 DISMISSED: 19.6.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE PHOTOCOPY OF RELEVANT PAGES OF FINAL GRADATION LIST OF SENIOR INSTRUCTORS PUBLISHED ON 30.11.97. P2: TRUE COPY OF REPRESENTATION FORWARDED TO R1 ON 7.3.2003. RESPONDENT'S EXHIBITS: R2(a): TRUE COPY OF LIST OF SENIOR INSTRUCTORS. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) Nos.15929/2003, 15598/2006 & 14174 of 2007 .................................................................... Dated this the 19th day of June, 2008. JUDGMENT Heard counsel for the petitioners, Government Pleader and counsel appearing for contesting respondents. The petitioners acquired Engineering degree while in service as Senior Instructors. The Rule providing for promotion i.e. Kerala Craftsman Training Subordinate Service Rules, provide for filling up of every 9th post with a degree holder and a person acquiring a degree in the course of service is also entitled to appointment to this category. The petitioners' case is that they are entitled to promotion based on seniority in the cadre of Senior Instructors. The Rule on the other hand provides for promotion on quota basis, as and when degree is acquired by the person. All the petitioners are already in the category of Group Instructors and the dispute is only with regard to seniority given to others. The petitioners have no case that the contesting respondents acquired degree after the petitioners. Therefore, petitioners' claim for seniority above the contesting respondents is not tenable. Similar promotion scheme pertaining 2 to Kerala Engineering Service is upheld by the Supreme Court in CHANDRAVATHI V. SAJI (2004(2) KLT 320). The W.Ps. are therefore devoid of any merit and are dismissed. C.N.RAMACHANDRAN NAIR Judge pms