IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WA.No. 1845 of 2007(E) ---------------------- AGAINST THE JUDGEMENT IN WPC.5138/2005 Dated 05/07/2007 .................... APPELLANT(S): PETITIONER ----------------------- P.S.RAJAN, FORMERLY SUB GROUP OFFICER (HIGHER GRADE), THIRUVARPPU DEVASWOM, THIRUVARPPU P.O., KOTTAYAM, PRESENTLY WORKING AS SUB GROUP OFFICER (SPECIAL GRADE), CHERUVALLI DEVASWOM, KAVUMBHAGOM P.O., (VIA) PONKUNNAM. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA RESPONDENT(S): RESPONDENTS --------------------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-3. 2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-3. 3. R.G.RADHAKRISHNAN, HEAD CLERK, ASSISTANT DEVASWOM COMMISSIONER'S OFFICE, NEYYATTINKARA. 4. T.K.AJITH PRASAD, JUNIOR SUPERINTENDENT, OFFICE OF THE DEVASWOM BOARD COMMISSIONER, NANTHANCODE, THIRUVANANTHAPURAM. 5. G.SANTHOSH, JUNIOR SUPERINTENDENT, OFFICE OF THE DEVASWOM BOARD COMMISSIONER, NANTHANCODE, THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN, SC, TDB FOR R1,2 BY ADV. DR.K.P.KYLASANATHA PILLAY FOR R3 BY ADV. SMT.SREEDEVI KYLASANATH FOR R3 BY ADV. SRI.S.RAMESH BABU FOR R.4,5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, Ag.C.J. & C.N.RAMACHANDRAN NAIR, J. ------------------------------- W.A.No.1845 OF 2007 ------------------------------- Dated this the 22nd day of February, 2010 J U D G M E N T Ramachandran Nair, J. Heard the learned counsel for the appellant, Standing Counsel appearing for the Devaswom Board and the counsel for the contesting respondents. 2. Appellant is appointed as Accountant Grade II by the Devaswom Board in their service on 26.2.1982. He was later shifted as Sub Group Officer Grade II, and on 7.4.90, he was appointed as Acting L.D.Clerk. Without considering the rules for promotion, appellant was again promoted on 16.5.1990 as U.D.Clerk, which was later rectified by the Board, by reversing him to the cadre of L.D.Clerk, for the reason that he has not completed one year probation in that cadre. The question that arises for consideration in this writ appeal is whether completion of probation in the lower cadre as L.D.Clerk is a requirement for W.A.No.1845 of 2007 2 promotion to the post of U.D.Clerk. We have decided this issue in a connected writ appeal, W.A.No.2044 of 2007 on 18.2.2010, against the claimant in that case. It is seen that this writ appeal also arises from the common judgment and issue raised is also exactly the same. Even though counsel contended that Accountant Grade II to which appellant was initially appointed was equivalent to Sub Group Officer Grade II, which in turn is equivalent to L.D.Clerk, and therefore, his service in the other cadres should be reckoned and he should be treated as completed his probation in the cadre of L.D.Clerk as on the date of promotion to U.D.Clerk on 16.5.1990, we are unable to accept the same, because there is nothing to show that all three posts are equivalent. 3. First two posts referred above are equivalent to the post of L.D.Clerk. So much so, as per Rule 8(3) of the Service Rules of the Devaswom, to be qualified for promotion, an employee has to complete his probation at the lower cadre. Admittedly, the appellant was promoted just over a month of W.A.No.1845 of 2007 3 his appointment as Acting L.D.Clerk and so much so he had not completed his probation as L.D.Clerk. We feel, the Board has rightly rectified the mistake by reversing him to the cadre of L.D.Clerk. Following the judgment in W.A.No. 2044 of 2007 and for the reasons stated above, we decline to interfere with the judgment of the learned Single Judge declaring the position that in order to get promotion, one has to complete his probation in the lower post under the Rules. We, therefore, dismiss this writ appeal. P.R.RAMAN, Ag. CHIEF JUSTICE C.N.RAMACHANDRAN NAIR, JUDGE nj.