IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 24665 of 2003(J) -------------------------- PETITIONER(S): --------------- P.G.GEORGE, JUNIOR TRAINING OFFICER, ADVANCED VOCATIONAL TRAINING SYSTEM, KALAMASSERY. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) RESPONDENT(S): --------------- 1. THE DIRECTOR OF EMPLOYMENT & TRAINING, DEPARTMENT OF INDUSTRIAL TRAINING, TRIVANDRUM. 2. THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, STATE OF KERALA, TRIVANDRUM. GOVERNMENT PLEADER SRI. M.R. SABU FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24665 of 2003 EXT.P1: COPY OF THE ORDER NO.A2-14379/97 DTD 24.6.1997 ISSUED TO THE PETITIONER. EXT.P2: COPY OF THE CIRCULAR NO.WB5/14949/92 DATED 30.12.96 ISSUED BY THE DIRECTOR OF TRAINING. EXT.P3: COPY OF THE ORDER NO.A2-15495/98 DTD 25.1.1999 APPOINTING THE PETITIONER AS JUNIOR TRAINING OFFICER. EXT.P4: COPY OF THE ORDER NO.A2/5323/03(1) DTD 7.7.2003 ISSUED BY THE TRAINING DIRECTOR. EXT.P5: COPY OF THE REPRESENTATION DATED 21.7.2003 SUBMITTED BY THE PETITIONER. EXT.P6: COPY OF THE ORDER NO.A2-9528/99 DT. 16.5.2000 ISSUED BY THE JOINT DIRECTOR. EXT.P7: COPY OF THE GOVERNMENT ORDER NO.GO(RT) 1993/2004/LBR DATED 27.7.2004 EXT.P8: COPY OF GO NO.A2/703/04 DTD 28.7.2004. EXT.P9: COPY OF THE CERTIFICATE DT 27.3.97 ISSUED TO THE PETITONER BY THE DIRECTOR, ADVANCED TRAINING INSTITUTE FOR ELECTRONICS & PROCESS INSTRUMENTATION, RAMANTHAPUR, HYDERABAD. EXT.P10: COPY OF THE CERTIFICATE DT. 11.12.98 ISSUED TO THE PETITOENR FROM THE NTTF ELECTRONICS TRAINING CENTRE. EXT.P11: COPY OF THE CERTIFICATE DT.13.3.99 ISSUED TO THE PETITONER FROM THE APEX HI-TECH INSTITUTE, BANGALORE. EXT.P12: COPY OF THE CERTIFICATE DT.18.6.99 ISSUED TO THE PETITIONER FROM THE APEX HI-TECH INSTITUTE, BANGALORE. EXT.P13: COPY OF THE CERTIFICATE DT. 29.6.01 ISSUED TO THE PETITIONER FROM THE APEX HI-TECH INSTITUTE, BAGALORE. EXT.P14: COPY OF THE ORDER DT. 1.8.2001 ISSUED BY THE FIRST RESPONDENT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.24665 OF 2003 ---------------------------------------- Dated this the day of December, 2008 JUDGMENT The petitioner commenced the service under the Government of Kerala as Junior Instructor in the Industrial Training Institute, Malampuzha on 21.12.1990. By Ext.P1 order dated 24.6.1997, he was promoted as Senior Instructor with effect from 6.6.1996. That promotion was provisional and subject to verification of report of successful completion of CTI training. Before the petitioner could opt for training to the Central Training Institute for the compulsory training, the petitioner was selected for Hi-Tech Training under the World Bank aided project at the training centre, Bangalore in 1999. The petitioner successfully underwent that training and on the basis of that training, the petitioner was appointed as Junior Training Officer. As Junior Training Officer, the petitioner was to train the Junior Instructors and Senior Instructors who were required undergo CTI training to retain the post of Senior Instructor. Subsequently, he was promoted as Group Instructor also. While so, by Ext.P4 order W.P.(c)No.24665/03 2 dated 7.7.2003, the petitioner was reverted to the post of Junior Instructor on the ground that the petitioner had not undergone the CTI training, which is one of the qualifications prescribed for promotion to the post of Senior Instructors as per the special rules. The petitioner is challenging Ext.P4 order in this writ petition. 2. The petitioner's contention is that the CTI training is for holding the post of Senior Instructor. The petitioner has already undergone a still higher training on the basis of which training the petitioner was promoted to the post of Junior Training Officer, which is a newly created post. When the petitioner holds a higher training qualification, on the basis of which the petitioner was promoted to a higher post, the reversion of the petitioner on the ground that he had not undergone the training required for the lower post of Senior Instructor is patently arbitrary and unreasonable. The petitioner further points out that still later by Ext.P7, the Government had amended the special rules by making CTI training compulsory only for Instructors having less than 5 years of service and for Instructors having more than 5 years W.P.(c)No.24665/03 3 of service only the POT training for three months duration is sufficient. The petitioner therefore submits that he is atleast entitled to the benefit of Ext.P7 in the peculiar circumstances of the case. 3. With the help of the counter affidavit filed by the 1st respondent, the learned Government Pleader stoutly opposes the prayers of the petitioner. According to the learned Government Pleader under the Kerala Craftsmen Training Subordinate Service Special Rules, only those who have successfully completed training in the Central Training Institute shall be eligible for promotion. However, the eligibility of those who have not been deputed for training by the Government for no fault of theirs will not be affected if they are otherwise qualified for promotion but such persons should undergo training after promotion. The petitioner has been therefore given promotion as Senior Instructor by Ext.P1 in accordance with the said special Rules subject to the condition that he shall undergo CTI training. After promotion, at the next earliest opportunity the petitioner was selected for CTI training during August 2002. But he failed to participate in the W.P.(c)No.24665/03 4 CTI training. In fact, it is pointed out that the petitioner filed O.P.No.21135/2002 before this Court seeking exemption from training and this Court had by judgment dated 7.8.2002 directed the Government to consider the petitioner's claim for exemption from training, which was considered and rejected. It is under the above circumstances, Ext.P4 order reverting the petitioner to the post of Junior Instructor has been passed, is the contention raised by the learned Government Pleader. 4. I have considered the rival contentions in detail. 5. No doubt, going strictly by the Special Rules, the petitioner may not be eligible for continuing as Senior Instructor since he had not undergone the CTI training as required by the Special Rules. But the learned Government Pleader does not dispute the fact that the Hi-Tech Training undergone by the petitioner is a still higher training which is the qualification required for promotion as Junior Training Officer who is to train Junior Instructors and Senior Instructors, who have the CTI training. In fact, considering the fact that he had undergone the Hi-tech training, the petitioner has been promoted to the higher post of Junior W.P.(c)No.24665/03 5 Training Officer. The Special Rules do not mention the post of Junior Technical Officer which is a newly created post. The learned Government Pleader has no case that the petitioner is not qualified or competent to hold the post of Junior Technical Officer. That being so, I am of opinion that it is not proper to revert the petitioner as Junior Instructor on the ground that the petitioner has not undergone CTI training for the purpose of promotion to the post of Senior Instructor. Further, the Government itself, by Ext.P7, directed that the Instructors having more than 5 years of service need not undergo CTI training, but need only undergo POT training of three months duration, which was in line with the Government of India instruction on the subject. That being so, I am of opinion that Ext.P4 order is not proper in the peculiar circumstances of the case. Accordingly, Ext.P4 order is quashed. The Government is directed to permit the petitioner to continue in the post which the petitioner is entitled to hold but for Ext.P4 order. If the Government is still of opinion that despite the higher training qualification the petitioner shall undergo the training as per the W.P.(c)No.24665/03 6 Special Rules, the petitioner shall be given the benefit of Ext.P7 and he shall be deputed for the three months POT training. Orders in this regard shall be passed as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is allowed as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.24665/03 7