IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WA.No.3014 of 2007 (B) ----------------------------- AGAINST THE JUDGMENT IN OP.8933/2003 Dated 26/10/2007 .................... APPELLANT/NOT PARTY TO THE OP ------------------------------------------- SABU PAUL MULERIKKAL, ASSISTANT ENGINEER, ENGINEERING DIVISION, KERALA AGRL. UNIVERSITY, PANANGAD, ERNAKULAM. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENTS: PETITIONER & RESPONDENTS ------------------------------------------------------ 1. MUHAMMED IRSHAD B., ASSISTANT ENGINEER (CIVIL), ENGINEERING DIVISION, K.A.U., PANANGAD P.O., ERNAKULAM DISTRICT. 2. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KERALA AGRICULTURAL UNIVERSITY P.O., VELLANIKKARA, THRISSUR DISTRICT. 3. K.V.RAMANUNNI, ASSISTANT EXECUTIVE ENGINEER (CIVIL)(RTD.), ENGINEERING SUB DIVISION, K.A.U., K.A.U. P.O., VELLANIKKARA, THRISSUR DISTRICT. 4. VIJAYAKUMAR M., ASSISTANT EXECUTIVE ENGINEER, ENGINEERING SUB DIVISION, COLLEGE OF VETERINARY & ANIMAL SCIENCES, POOKOOTT, LAKKADI P.O., WAYANAD-673 576. WA.No.3014 of 2007 (B) -2- 5. SALI C.I., ASSISTANT ENGINEER, ENGINEERING SUB DIVISION, K.A.U., VELLANIKKARA P.O., THRISSUR DISTRICT. ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R1 SMT.N.SANTHA FOR R1 SRI.RENJITH THAMPAN SC R2 SMT.P.JAYA SMT.LAKSHMI V. SMT. ANNIE PAUL SRI.SIBY MATHEW SRI.M.K.DILEEP KUMAR SMT.SREEDEVI KYLALSANATH DR. K.P.KYLASANATHA PILLAI SRI.B.MOHANLAL - R3 SRI.SAIJU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008 ALONG WITH WA NO.399 OF 2008 AND CONNECTED CEASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.Balakrishnan Nair & P.N.Ravindran, JJ. ========================== W.A.No. 3014 of 2007 ======================== Dated this the 3rd day of January, 2008. ORDER Balakrishnan Nair,J. Appellant and the first respondent claim promotion to the post of Assistant Executive Engineer (Civil). In the absence of any qualified hand, the third respondent who was unqualified, but being senior was promoted to that post on 15.4.2000. They claim that they became qualified on 30.6.2002 and therefore, the unqualified hand is liable to be reverted and their claim for promotion has to be considered to that vacancy. They also claim promotion to the vacancy that arose subsequently. They point out that another vacancy arose on 16.11.2002, which was a long leave vacancy. It is well settled that for want of qualified hand, if a higher post is filled up by a senior unqualified hand, the claim of the incumbents in the feeder category for promotion as soon as they become qualified has to be considered. WA 3014/07 -: 2 :- 2. In view of the above position, we clarify that claim of the appellant, first respondent and others in the feeder category for promotion to the vacancy occupied by the temporary promotee and the vacancies that arose subsequently shall be considered in accordance with law by the competent authority of the University within one month from the date of production of a copy of this order. The direction in the impugned judgment concerning the promotion is modified as above. H.O. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 3/1