IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 17097 of 2010(J) -------------------------- PETITIONER(S): --------------- 1. LEKHA .B.NAIR, UPSA,GLPS,THRIKKUNNAPUZHA. 2. PRAMEELA.G.,UPSA,GCYMA UPS, PUNNAPRA. 3. RAVEENDRAN.S,UPSA,G.U.P.S, THAKAZHI., BY ADV. SRI.P.SANKARANKUTTY NAIR SMT.K.V.RESHMI RESPONDENT(S): --------------- DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. BY GOVERNMENT PLEADER SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.17097 of 2010 ---------------------------- Dated 12th August, 2010 JUDGMENT The petitioners are working as Primary Department Teachers in Alappuzha District. In Ext.P1 seniority list they hold rank Nos.13 to 15. It is the contention of the petitioners that persons up to Sl.No.12 were already been promoted to the post of H.S.A. (Malayalam). It is their further contention that 14 vacancies in the category of H.S.A. (Malayalam) are available in the said district. Though out of the 14 vacancies 13 of them are set apart for being filled up by inter district transfer, they contend that none is available under the said quota. It is in the said context that the petitioners staked claim for temporary promotion under the 3rd proviso to Rule 27(a) of Part II of the Kerala State & Subordinate Services Rules (for short `the KS & SSR'). The 3rd proviso to Rule 27(a) of Part II of the KS & SSR reads thus: “Provided also that the seniority of persons advised for appointment to a category of post in a department, where the methods of appointment to that post are by promotion, by transfer and by direct recruitment in a fixed ratio or percentage, shall be determined as illustrated below:- Where the first vacancy in a category is for appointment by promotion or transfer and the second vacancy is for appointment by direct recruitment and when the first two vacancies arise in that category a departmental hand shall be appointed regularly by promotion transfer, as the case may be, in the first vacancy and in the absence of a direct recruit reporting for duty in the second vacancy a departmental hand shall be appointed temporarily by promotion or transfer, as WP(C).No.17097/2010 2 the case may be, in that vacancy. In case a direct recruit does not report for duty till a third vacancy arises in the department, the appointment of person temporarily by promotion or transfer in the second vacancy shall be regularised from the date of occurrence of the third vacancy. Similarly if two more vacancies arise in that cadre (totally five) the departmental hands are entitled for three vacancies and hence the promotion or transfer of the third man shall be regularised from the date of occurrence of the fifth vacancy. the direct recruit shall be entitled for rank and seniority from the date of his first effective advice.” It would reveal that in the absence of persons in the aforesaid category, i.e., in the category of inter district transfer, temporary promotion could be effected by virtue of the aforesaid provision. A statement has been filed in this writ petition on behalf of the respondents. In paragraph 3 thereunder it is stated as follows: “3. As per the above table it is clear that the direct recruitees are over and above the earmarked number of posts and the quota fixed for promotion from PD Teachers stands already filled up, whereas the dearth is in the quota earmarked for inter district transfer and By transfer appointments. At present 14 vacancies are available under the category which are to be filled up by inter district transfer subject to availability of applicants for which steps are being taken.” The learned Government Pleader submitted that presently inter district transfer is being effected based on applications received online and the said process is yet to be finalised. However, as on today, no candidate is available under the said quota. At the same time, it is evident that 13 vacancies are in fact earmarked for being filled up by inter district transfer. Therefore, the petitioners cannot seek a regular promotion WP(C).No.17097/2010 3 against the said vacancies. The petitioners can aspire for temporary promotion only in the light of the above extracted provision under Rule 27 (a) of Part II of the KS & SSR. In view of the facts obtained in this case, I am of the view that this writ petition can be disposed of with the following directions: The petitioners shall submit an undertaking before the appointing authority that they will not make any claim for continuance in the promoted post as and when persons under the inter district quota are posted against the said posts. In case the petitioners submit such an undertaking, the appointing authority shall consider the claim of the petitioners for promotion under the 3rd proviso to Rule 27(a) of Part II of the KS & SSR within a period of six weeks from the date of submission of such an undertaking. C.T.RAVIKUMAR Judge TKS