S.PRABHAKARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition has been filed challenging the denial of promotion to the petitioners to the post of Project Assistant under the 2nd respondent Corporation. Heard Sri S.P.Aravindakshan Pillai on behalf of the petitioner, Sri M.Sasindran, Standing Counsel for the 2 nd respondent and Smt.Renjita G., Government Pleader on behalf of the 1 st respondent.

(2.) The petitioners joined the service of the 2 nd respondent as last grade employees on daily wages on 01.06.1995, 22.11.1996 and 10.01.2000 respectively. The petitioners were regularised in service along with 53 other last grade employees as per order dated 14.3.2001. The 2 nd respondent introduced the Kerala State Backward Classes Development Corporation Service Special Rules, 1997 (hereinafter referred to as the 1997 Rules), for governing the services under the 2nd respondent. The 1997 Rules did not provide for any avenues of promotion to the last grade employees like the petitioners. The next higher post was that of the Junior Project Assistant and the method of appointment to that post was by direct recruitment. The qualification for the post was completion of the pre-degree course and experience in field work was a desirable qualification.

(3.) One of the last grade employees in the service of the 2nd respondent had filed W.P.(C)No.18184 of 2005 seeking provisional promotion as Junior Project Assistant based on his Pre-degree qualification and sufficient experience. On 08.07.2015, this Court directed the 1st respondent to consider the matter and pass appropriate orders. The petitioner in the said writ petition was thereafter promoted as Junior Project Assistant by order dated 24.02.2006. The petitioners were also provisionally promoted as Junior Project Assistant, by Exhibit P1 order dated 28.10.2009. By Exhibit P3 order dated 11.03.2015, the above promotions granted to the petitioners were regularised with effect from the date of their promotion. The above order was later amended by Exhibit P4 order dated 15.06.2015, whereby a reference to promotion to the post of Project Assistant was removed. Even though Exhibit P4 was challenged before this Court by some Junior Assistants, this Court did not interfere with the promotions.