IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 35920 of 2009(H) -------------------------------------- PETITIONER(S): ---------------------- A. VITTALA PAI, LAST GRADE STAFF, SANATANA DHARMA COLLEGE, ALAPPUZHA. BY ADVS. SRI.S.MUHAMMED HANEEFF SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S): ------------------------- 1. THE MANAGER, SANATANA DHARMA COLLEGE, ALAPPUZHA. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 3. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP. BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. MR. BESH BAHADU SARKKI, LAB ASSISTANT, SANATANA DHARMA COLLEGE, KALARKODE.P.O, ALAPPUZHA -3. 6. S. VIJAYAKRISHNA PILLAI, LAB ASSISTANT, SANATANA DHARMA COLLEGE, KALARKODE.P.O, ALAPPUZHA -3. 7. M. SASI, LAB ASSISTANT, SANATANA DHARMA COLLEGE, KALARKODE.P.O, ALAPPUZHA -3. 8. V. LAKSHMI NARAYANAN, LAB ASSISTANT, SANATANA DHARMA COLLEGE, KALARKODE.P.O, ALAPPUZHA -3. R1 BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN R2 TO R4 BY GOVT PLEADER SRI.K.SANALKUMAR R5 TO R7 BY ADV. SRI.M.D.SASIKUMARAN SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW R8 BY ADV. SRI.C.A.RAJEEV THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO. 35920/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMMUNICATION ISSUED BY THE PSC TO THE PETITIONER DT.16/04/1998. P2 COPY OF THE JUDGMENT DT.20/10/2008 IN WP(C) NO.5972/2001 OF THIS HON'BLE COURT. P3 COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DT.20/03/2009. P4 COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DT.26/11/2008. P5 COPY OF THE PROMOTION ORDER ISSUED TO S.GOPALAKRISHNAN NAIR ON 20/11/2008. P6 COPY OF THE GO(MS) NO.97/85/H.EDN DT.10/05/1985. P7 COPY OF THE CIRCULAR ISSUED BY THE 3RD RESPONDENT DATED 20/07/2002. P8 COPY OF THE ADMISSION TICKET DATED 13/5/10 ISSUED BY THE KERALA PUBLIC COMMISSION TO THE 8TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.35920 Of 2009 ----------------------------------------------------- DATED THIS THE 15th DAY OF NOVEMBER, 2010 J U D G M E N T The petitioner is aggrieved by the denial of promotion to the post of Library Assistant in the 1st respondent-College. He entered service as a Last Grade Servant on 2.3.1994. He has already passed eligibility test for Last Grade Servants for promotion as Attender, which was held on 28.6.1996 by the Public Service Commission and Exhibit P1 is produced in support of the above plea. Initially, the petitioner was promoted as Library Assistant in a leave vacancy which arose from 1.3.2001 and he continued upto 19.2.2005. The appointment was approved also. Later, he was reverted to the post of Last Grade Servant while ban order issued by the Government was in force. According to the petitioner, retirement vacancy of one K.Subramonian Nair who retired on 1.1.2005 was available for accommodating the petitioner, but it was not filled up citing the ban order. 2. The petitioner had been trying to get his due promotion in other vacancies also. But, so far, he could not succeed. Finally, the petitioner was informed by Exhibit P4 by the W.P.(C)No.35920/09 -2- Management that even though three vacancies arose on 30.4.2006, 31.12.2007 and 30.9.2007, going by the staff pattern only 18 posts can be there and hence he is not being considered for promotion. 3. One of the other issues raised by the petitioner is that respondents 5 to 8 are continuing as Lab Assistants without passing the Attender test and therefore they are liable to be reveted for enabling the petitioner to get promotion in any one of the posts. In that regard, the petitioner is relying upon Exhibit P8, a communication issued by the Deputy Director of Collegiate Education to the Management directing them to verify whether persons who are continuing as Library Assistants without passing the test could be reverted, for promoting persons who are qualified. 4. With regard to the attainment of the qualification for promotion, the relevant stipulations are made in Statute No.41 of the Kerala University Statutes, 1979. The proviso therein shows that the Last Grade Staff who are promoted without passing the Attender's test will have to pass the same in one of the five consecutive tests conducted by the Public Service Commission. 5. The stand taken by the 8th respondent in the counter W.P.(C)No.35920/09 -3- affidavit is that only four tests have been conducted and he has already attended the test which was conducted on 13.5.2010. 6. The issues raised herein, therefore, require a proper consideration on the part of the Deputy Director of Collegiate Education, namely, the 2nd respondent herein. The claim for promotion of the petitioner for any of the retirement vacancies pointed out by him will be considered by the 2nd respondent after hearing the Management. The question whether staff pattern permits promotion in any of the retirement vacancies will be considered by the Deputy Director of Collegiate Education. With regard to the complaint that respondents 5 to 8 have failed to pass the Attender's test the same will be considered by the 2nd respondent while considering various aspects after hearing the petitioner, the Management and respondents 5 to 8. It is pointed out that the petitioner is due to retire from service on 31.3.2011. Therefore, the 2nd respondent will hear the parties and take a decision within a period of one month from the date of receipt of a copy of this judgment, as directed above. The Writ Petition is disposed of as above. dsn T.R.RAMACHANDRAN NAIR, JUDGE The date “31.3.2011”occurring in page No.3, line 13 of paragraph 6 of the judgment dated 15.11.2010 in W.P.(C)35920/09 is corrected and substituted as “31.3.2010” as per order dated 12.1.2011 in I.A.No.17877/2010. Sd/- Registrar(Judicial)