IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 37297 of 2004(M) -------------------------------------- PETITIONER: ------------------ C.P.SARVOTHAMA PAI, CLERICAL ASSISTANT, E.R.C.M.P.U.LTD., PRODUCTS DAIRY, EDAPPALLY, ERNAKULAM. BY ADV. SMT.K.R.KRISHNAKUMARI RESPONDENTS: ----------------------- 1. STATE OF KERALA - REPRESENTED BY THE SECRTARY TO GOVERNMENT, AGRICULTURE (DAIRY) DEPARTRMENT, SECRETARIAT, THRIUVANANTHAPURAM -695 001. 2. THE DIRECTOR OF DAIRY DEVELOPMENT, THIRUVANANTHAPURAM - 695 004. 3. THE E.R.C.M.P.U.LTD., REPRESENTED BY ITS MANAGING DIRECTOR, ERCMPU, P.B.NO.2212, EDAPPALLY, COCHIN - 682 024. R1 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN R3 BY ADV. SRI.B.S.KRISHNAN(SR.), SC, MILMA R2 BY SRI.K.ANAND (A.201) R2 BY SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).37297/2004-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS NO.P/1/83 DATED 28/03/1983. EXT.P2: COPY OF THE OFFICE ORDER DATED 11/08/1983. EXT.P3: COPY OF THE RELEVANT PAGES OF THE FINAL SENIORITY LIST OF CLERICAL ASSISTANT PUBLISHED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE LETTER DATED 22/01/1994 OF THE 3RD RESPONDENT. EXT.P5: COPY OF THE G.O.(MS)NO.64/85/AD DATED 21/02/1985. EXT.P6: COPY OF PROCEEDINGS OF KCMMF LTD. DATED 20/03/1986. EXT.P7: COPY OF RELEVANT PAGES OF CATEGORYWISE LIST OF EMPLOYEES OF KOTTAYAM DAIRY AS ON 31/12/1990. EXT.P8: COPY OF THE RELEVANT PAGES OF THE SENIORITY LIST OF KOTTAYAM DAIRY AS ON 01/03/1985. EXT.P9: COPY OF LETTER DATED 28/09/1996 OF THE 2ND RESPONDENT EXT.P10: COPY OF THE REPRESENTATION DATED 05/12/1996. EXT.P11: COPY OF THE LETTER DATED 06/06/1997 OF THE 3RD RESPONDENT. EXT.P12: COPY OF THE JUDGMENT IN O.P. NO.950 OF 2000 DATED 19/12/2003 OF THIS HON'BLE COURT. EXT.P13: COPY OF THE SUPPLEMENTARY REPRESENTATION DATED 12/2/2004 BEFORE THE 1ST RESPONDENT EXT.P14: COPY OF THE G.O.(Rt)NO.710/2004/AD DATED 15/05/2004. EXT.P15: COPY OF THE PROMOTION POLICY PROCEEDINGS NO.PER:BR:129:84 DATED 18/06/1987. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.37297 of 2004-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of July, 2008. JUDGMENT It is not in dispute that SSLC is a minimum academic qualification prescribed for promotion to the category of Junior Assistant. The petitioner, a Clerical Assistant, aspiring for promotion as Junior Assistant, admittedly, does not possess that qualification. The Director of Dairy Development had approved the promotion policy of ERCMPU, the employer and therefore, the promotion policy has to be applied uniformly. The Government in considering the case of the petitioner, even in Ext.P14, found that they are convinced that any relaxation of the basic minimum academic qualification for promotion will be against the approved promotion policy existing in ERCMPU. It was accordingly that the revision petition filed by the writ petitioner before the WP(C)37297/2004 -: 2 :- Government was dismissed as one which did not merit consideration. Having regard to what is aforesaid, the impugned decisions are not vitiated on account of any legal infirmity or jurisdictional error. The writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160708