IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 4391 of 2008(W) ------------------------- PETITIONER: -------------- A.VEERANKUTTY, S/O.MAMMATH, AGED 38 YEARS, RESIDING AT 'ACHIPRA' HOUSE, P.O.BHEEMANAD, PALAKKAD DISTRICT, PIN 678 601. STORE IN CHARGE, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER (AGRL), KOZHIKODE, P.O.PUTHIYARA CALICUT. BY ADV. SRI.P.K.RAMKUMAR SMT.ANITHA RAMKUMAR RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF AGRICULTURE VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. P.B.SANTHOSH, S/O.P.S.BALAN ASSISTANT ENGINEER (AGRL), OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER (AGRL) THRISSUR, P.O.THRISSUR. 4. DAMODARAN, STORE IN CHARGE, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER (AGRL) KASARAGOD, P.O.KASARGOD. 5. DINESAN, STORE IN CHARGE, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER (AGRL) KANNUR. R1 BY GOVERNMENT PLEADER, SMT.N. SUDHA DEVI R4 BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR SRI.ASWIN GOPAKUMAR SRI.ANWIN GOPAKUMAR R5 BY ADV. SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 4391/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE JUDGMENT IN WPC 12926/07 DATED 4.9.07. EXT.P2 : TRUE COPY OF THE 2ND RESPONDENTS COMMUNICATRION NUMBERED SH1-12251/06 DATED 22.11.07 ISSUED TO THE PRINCIPLE AGRICULTURAL OFFICER KOZHIKODE. EXT.P3 : TRUE COPY OF THE GOVERNMENT ORDER NUMBERED GO(MS) NO.57/90/AD TRIVANDRUM DATED 1.3.90. EXT.P4 : TRUE COPY OF THE AMENDMENT ORDER TO GO(MS) NO.105/93/AGRICULTURE DATED 5.5.93. EXT.P5 : TRUE COPY OF THE PROCEEDINGS OF 2ND RESPONDENT AND THE FINAL SENIORITY LIST FROM FEEDER CATEGORY FOR PROMOTION TO THE POST OF ASSISTANT ENGINEER(AGRICULTURAL DATED 7.4.07. EXT.P6 : TRUE COPY OF THE EQUIVALENCY CERTIFICATE DATED 31.7.07 ISSUED BY THE REGISTRAR OF KERALA AGRICULTURAL UNIVERSITY. EXT.P7 : TRUE COPY OF THE TRANSCRIPT OF RECORD OF WORK FOR DIPLOMA IN AGRICULTURAL AND RUAL ENGINEERING OF THE PETITIONER DATED 6.10.89. EXT.P8 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEAN OF THE AGRICULTURAL ENGINEERING DEPARTMENT, KERALA GRICULTURAL UNIVERSITY. EXT.P9 : TRUE OCPY OF THE AGRICULTURAL UNIVERSITY. EXT.P10: TRUE COPY OF THE AGRICULTURAL AND RURAL ENGINEERING DIPLOMA OF THE PETITIONER DATED 19.1.90. EXT.P11: TRUE COPY OF THE COMMUNICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 28.9.07. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 4391 OF 2008 ------------------------------------------------- Dated this the 9th day of June, 2009 JUDGMENT The petitioner is working as a store keeper in the Department of Agriculture of the Government of Kerala. He aspires for promotion to the post of Assistant Engineer. Qualifications for the post are prescribed by Ext.P3 Government Order wherein the qualifications prescribed are, 1) Diploma in Agricultural Engineering or Mechanical Engineering from a recognized institution. 2) One year service in the feeder category or feeder categories. Alternate qualifications are also prescribed which are not relevant for our purpose. According to the petitioner he holds a diploma in Agricultural and Rural Engineering conferred by the Kerala Agricultural University and is therefore qualified for being considered for promotion to the post of Assistant Engineer. However, he has not been included in the provisional seniority list for employees eligible for promotion to the post of Assistant Engineer. Despite his objections Ext.P5 final seniority list for promotion was published excluding him. He therefore filed WP(C) No.12926 of 2007 in which by Ext.P1 judgment WPC : 4391/08 -:2:- this Court directed the 2nd respondent herein to dispose of the representation filed by the petitioner based on the materials to be placed by the petitioner in support of his contention. However by Ext.P2 he was informed that he is not qualified for promotion. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “A. to issue a writ of mandamus or any other appropriate writ, order or direction commanding respondent no.2 to reckon petitioners Diploma as Diploma in Agricultural Engineering and to grant him promotion to the post of Assistant Engineer(Agriculture) with immediate effect. B. to call for the records relating to the issuance of Ext.P5 final seniority list and to quash Ext.P5.” 2. According to the petitioner, petitioner produced Ext.P6 certificate from the Kerala Agricultural University which certified that the erstwhile diploma in Agricultural and Rural Engineering Programme of the Kerala Agricultural University is considered equivalent to the Diploma in Agricultural Engineering from a recognized institution for promotion in the department of Agriculture and therefore he is qualified for promotion. The learned Government Pleader would dispute the same. She would submit that nowhere in WPC : 4391/08 -:3:- the writ petition has he stated that he has produced Ext.P6 before the 2nd respondent. Whatever that be, now the 2nd respondent has passed Ext.P2 wherein it is stated that, the petitioner does not possess the qualification prescribed for promotion to the post. 3. A counter affidavit has been filed supporting the impugned order. I have considered the rival contentions in detail. From Ext.P2 it does not appear that the 2nd respondent has considered Ext.P6. When the Kerala Agricultural University who have conferred the Diploma in Agricultural and Rural Engineering Programme on the petitioner, themselves certifies that the said Diploma is equivalent to the Diploma in Agricultural Engineering from a recognized institution for promotion in the Department of Agriculture, the 2nd respondent is bound to consider the same also while deciding the eligibility of the petitioner for promotion to the post of Assistant Engineer. In the above circumstances, the writ petition is disposed of directing the 2nd respondent to reconsider the matter taking into account Ext.P6 certificate from the University also and pass fresh orders giving reasons as to why Ext.P6 certificate from the Kerala Agricultural University cannot be relied upon for the purpose of WPC : 4391/08 -:4:- deciding the eligibility of the petitioner for promotion to the post of Assistant Engineer. Orders shall be passed in this regard as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The Petitioner and the 4th respondent shall be afforded an opportunity of being heard in the matter. S. SIRI JAGAN, JUDGE ttb