IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 34347 of 2008(L) --------------------------------------- PETITIONER(S): ------------------------- C.RAJAN, LECTURER IN ELECTRICL ENGINEERING, GOVERNMENT POLY TECHNIC COLLEGE, MUTTAM, THODUPUZHA. BY ADV. SMT.P.V.ASHA RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) FOR PROMOTION TO THE POST OF HEAD OF SECTION IN POLYTECHICS REPRESENTED BY ITS CONVENER. GOVERNMENT PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34347/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SELECT LIST NO.EG1/29310/97 DT. 23.7.99. P2:- COPY OF THE ORDER NO.EC5/6011/2000 DT. 21.2.2000 OF 2ND RESPONDENT. P3:- COPY OF THE REPRESENTATION DT. 28.1.03 OF PETITIONER TO 2ND RESPONDENT. P4:- COPY OF THE CIRCULAR DT. 26.8.03 OF 2ND RESPONDENT. P5:_ COPY OF THE REPRESENTATION DT. 2.10.03 OF PETITIONER TO IST RESPONDENT. P6:- COPY OF THE JUDGMENT DT. 14.9.04 IN WPC. 3770/04. P7:- COPY OF THE ORDER NO.EC5/20625/05 DT. 10.6.05 OF 2ND RESPONDENT. P8:- COPY OF THE PROCEEDINGS NO.EG-1/20579/02 DT. 6.6.06 OF 2ND RESPONDENT ALONG WITH RELEVANT PORTION OF GRADATION LIST. P9:- COPY OF THE LETTER DT. 4.7.07 OF PRINCIPAL ALONG WITH REPRESENTATION OF PETITIONER SIGNED ON 4.7.07 TO 2ND RESPONDENT. P10:- COPY OF THE LETTER DT. 25.1.08 OF PRINCIPAL TO 2ND RESPONDENT. P11:- COPY OF THE REPRESENTATION DT. 3.1.08 TO THE IST RESPONDENT. P12:- COPY OF THE REPRESENTATION DT. 5.2.08 TO THE 2ND RESPONDENT. P13:- COPY OF THE GOVT. LETTER NO.30050/L2/04/H.EDN. DT. 10.6.05. P14:- COPY OF THE ORDER NO.EC5/15042/02 DT. 2.4.03 OF 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.34347 of 2008 -------------------------------------- Dated 1st April, 2009 JUDGMENT Heard Smt.P.V.Asha, the learned counsel appearing for the petitioner and Sri.T.T.Muhamood, the learned Government Pleader appearing for the respondents. 2. The petitioner who is a member of a Scheduled Caste community, was initially appointed as Workshop Attender in the Technical Education Department on 27.2.1986. At that point of time, he possessed a Diploma in Electrical Engineering. While the petitioner was working as Workshop Attender, applications were invited for appointment to the post of Workshop Instructor through the Kerala Public Service Commission. The petitioner applied, was selected and appointed as Workshop instructor in Electrical Engineering in the Technical Education Department. He joined duty as Workshop Instructor on 8.12.1988. 3. While the petitioner was working as Workshop Instructor, he underwent the B.Tech Degree Course in Electrical Engineering and passed the B.Tech Degree Examination in Electrical Engineering in the First Class in May, 1998. As per the Special Rules for the Kerala Technical Education Service, the method of appointment to the category WP(C).No.34347/2008 2 of Lecturer in Polytechnics is by transfer from the categories of Grade I Instructor/Workshop Instructor Grade I in Engineering Colleges/ Workshop Superintendent in Polytechnics/Superintendents of Technical Schools or in their absence by transfer of qualified candidates from the category of Assistant Lecturer/Instructor in Engineering/Draftsman Grade I/Foreman in the concerned branch and in the absence of candidates in the said two categories by direct recruitment. According to the petitioner, he passed the B.Tech Degree Examination in Electrical Engineering on 19.9.1998 and as vacancies of Lecturer were in existence, he was entitled to be promoted in the year 1998 itself. 4. The Departmental Promotion Committee (Lower), to select Workshop Instructors eligible for appointment by promotion to the category of Lecturer in Electrical Engineering in Polytechnics, had not been convened for nearly 19 years. The Departmental Promotion Committee (Lower) that met on 22.5.1999 prepared a select list of officers eligible for promotion to the category of Lecturer in Electrical Engineering in Polytechnics. The petitioner was selected and ranked first in the select list for the year 1999-2000. The two persons ranked below the petitioner were Sri.K.R.Suresh Kumar and Sri.S.Ravikumar. The select list prepared by the Departmental Promotion Committee WP(C).No.34347/2008 3 was approved by the Government and published in the Official Gazette dated 24.7.1999. Ext.P1 is the true copy thereof. The petitioner was thereupon promoted as Lecturer in Electrical Engineering as per Ext.P2 order dated 21.2.2000. Along with the petitioner Sri.K.R.Suresh Kumar and Sri.S.Ravikumar were also promoted. It appears the Director of Technical Education, thereafter granted notional promotion to Sri.S.Ravikumar with effect from 31.3.1998. Other Lecturers, who had acquired the qualifications later were also given notional promotion with effect from the dates on which they acquired the B.Tech Degree in Electrical Engineering. 5. The petitioner thereupon moved the Government in Ext.P5 representation and thereafter filed W.P.(C)No.3770 of 2004 in this Court. By Ext.P6 judgment delivered on 14.09.2004 this Court directed the Government to consider whether the request made by the petitioner can be considered. The Government heard the petitioner and held that he is entitled to be provisionally promoted with effect from 19.9.1998 as was done in the case of Sri.S.Ravikumar. The Director of Technical Education was informed of the same in Ext.P13 letter dated 10.6.2005. The Director of Technical Education thereupon issued Ext.P7 order dated 10.6.2005 notionally promoting the petitioner as Lecturer in Electrical Engineering with effect from WP(C).No.34347/2008 4 19.9.1998 on a provisional basis subject to ratification by the Departmental Promotion Committee. The petitioner's grievance is that notwithstanding the repeated representations evidenced by Exts.P9, P11 and P12, the Departmental Promotion Committee has not so far been convened to ratify his notional promotion as Lecturer with effect from 19.9.1998. 6. The petitioner has a further grievance that though he is qualified to be promoted as Head of Section and vacancies exist, the Departmental Promotion Committee has not been convened to select Lecturers in Electrical Engineering eligible for appointment by promotion to the category of Head of Section in the Electrical Engineering Branch. In this writ petition, the petitioner inter alia prays for appropriate directions to the respondents to convene the Departmental Promotion Committee for the purpose of ratifying his notional promotion with effect from 19.9.1998 and to select Lecturers in Electrical Engineering for appointment by promotion to the post of Head of Section in the Electrical Engineering Branch in Government Polytechnics in the State of Kerala. 7. A counter affidavit has been filed on behalf of the second respondent wherein it is stated that the Departmental Promotion Committee has not so far been convened to ratify the petitioner's WP(C).No.34347/2008 5 notional promotion as Lecturer with effect from 19.9.1998. As regards the request made by the petitioner to convene the Departmental Promotion Committee to select Lecturers eligible for appointment by promotion to the category of Head of Section, it is stated that the petitioner's claim for promotion can be taken up and considered only after his notional promotion as Lecturer with effect from 19.9.1998 is ratified. 8. The pleadings disclose that the petitioner was selected for appointment by promotion as Lecturer in Electrical Engineering by the Departmental Promotion Committee that met on 22.5.1999 and he was also promoted by Ext.P2 order dated 21.2.2000. Sri.S.Ravikumar who was placed below him in Ext.P1 select list and also in Ext.P2 appointment order was given notional promotion with effect from 31.3.1998, the date on which he acquired the B.Tech Degree in Electrical Engineering by Ext.P4 circular dated 26.8.2003. Ext.P4 does not stipulate that such notional promotion is subject to ratification by the Departmental Promotion Committee though it is stated that the notional promotion is provisional. Later, the claim of the petitioner was also considered by the Government and the Government issued Ext.P13 letter dated 10.6.2005 whereby the Government informed the Director of Technical Education that the petitioner is also entitled to be WP(C).No.34347/2008 6 provisionally promoted with effect from 19.9.1998, the date of acquisition of the B.Tech Degree, as was done in the case of Sri.S.Ravikumar. In Ext.P13 also the Government did not stipulate that the notional promotion with effect from 19.9.1998 should be ratified by the Departmental Promotion Committee. However, the Director of Technical Education in Ext.P7 order directed that the petitioner will stand notionally promoted as Lecturer in Electrical Engineering with effect from 19.9.1998 purely on a provisional basis subject to ratification by the Departmental Promotion Committee. Ext.P7 order was passed on 10.6.2005. More than three years have passed thereafter. I am therefore of the opinion that the respondents are bound to convene the Departmental Promotion Committee (Lower) to consider the ratification of the provisional notional promotion of the petitioner as Lecturer with effect from 19.9.1998. I accordingly direct the official respondents to convene the Departmental Promotion Committee (Lower) to consider ratification of the provisional notional promotion of the petitioner as Lecturer with effect from 19.9.1998. Steps in that regard shall be taken and completed within three months from the date of receipt of a certified copy of this judgment. The Departmental Promotion Committee shall while considering the question of ratification also consider whether the notional promotion WP(C).No.34347/2008 7 granted to Sri.S.Ravikumar with effect from 31.3.1998 as per Ext.P4 circular dated 26.8.2003 issued by the Director of Technical Education was subject to such ratification, and if the notional promotion of Sri.S.Ravikumar with effect from 31.3.1998 was ratified by the Departmental Promotion Committee, extend similar benefit to the petitioner also. 9.. As regards the petitioner's prayer for a direction to the respondents to convene the Departmental Promotion Committee to select Lecturers eligible for appointment to the promotion of Head of Section, the learned Government Pleader appearing for the respondents submits that though two vacancies have arisen in December, 2007, the Departmental Promotion Committee has not yet been convened. A learned single Judge of this Court in Thulasidas v. State of Kerala (ILR 1997(2) Kerala 596) held that on the terms of the provisions contained in Rule 28(b)(i) of Part II of the KS & SSR, it is imperative that the Departmental Promotion Committee is convened regularly to prepare the select list. Two vacancies of Head of Section have admittedly arisen in December, 2007. Nearly 15 months have passed thereafter. In these circumstances, I am persuaded to agree with the learned counsel for the petitioner that the respondents are bound to convene the Departmental Promotion Committee to select WP(C).No.34347/2008 8 Lecturers in Electrical Engineering for appointment by promotion to the category of Head of Section at the earliest . I accordingly direct the competent authority among the respondents to convene the Departmental Promotion Committee to select Lecturers in Electrical Engineering for appointment by promotion to the category of Head of Section and to complete the selection process within a period of six months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS