DR. E.S. SANTHOSH KUMAR, TECHNICAL OFFICER GRADE Vs. KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT

JUDGEMENT

(1.) This writ petition is filed by Technical Officers of the 2nd respondent aggrieved by the denial of fast track promotion as Scientist-B, despite the assurances made to them since the year 2009, following the pattern adopted in Kerala Forest Research Institute (KFRI).

(2.) Petitioners 1 to 8 are Technical Officers and the petitioner no.9 is a Herbarial Assistant working under the 2nd respondent. The 2nd respondent-the Jawaharlal Nehru Tropical Botanic Garden and Research Institute ('JNTBGRI' for short) is a Research and Development (R and D) Institute under the 1st respondent Kerala State Council for Science Technology and Environment ('KSCSTE' for short). The 1st respondent is a Society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Act, 1955 in the year 2002. Originally the 2nd respondent was under the control of Department of Science, Technology and Environment of the Government of Kerala. It was brought under the 1st respondent, along with 6 other research institutions including Kerala Forest Research Institute (KFRI). The service conditions of all these institutions are governed by KSCSTE Rules with effect from 19.06.2003.

(3.) The petitioners commenced their services as Technical Officers on various dates between 1995 and 1998. The Technical Officers in KFRI were granted promotion to Scientist-B category based on the decision of the State Council of the 1st respondent. The petitioners' grievance is that even though a decision was taken to give fast track promotion to technical officers of JNTBGRI as given in KFRI long back, that decision is not so far implemented. Petitioners submit that the State Council of the 1st respondent had in its Annual General Meeting (AGM) held on 19.08.2009, as per agenda item no. 07.08, decided that the technical staff under the KFRI who meet the relevant requirements be promoted as Scientist B. Simultaneously, the AGM authorised the executive committee to decide such similar cases arising in other centres. The technical staff of the 2nd respondent requested for fast track promotion as Scientist B, as was being given in KFRI. The Executive Committee of the Council, in its 22nd meeting held on 17.08.2010, (Ext.P2 minutes) as per agenda item no. 22.23, authorised the Executive Vice President to examine the process adopted in KFRI in the matter of Fast Track Promotion of Technical staff and to decide the matter accordingly. As per order dated 04.10.2010, the KSCSTE constituted a committee to examine the request and to place proposal on it. The Committee consisting of the then Controller of Administration, a Scientist, who was also a member of JNTBGRI and the then Registrar of KFRI thereafter submitted Ext.P3 report recommending that the Technical Officers of JNTBGRI having the qualification, eligibility and experience for the post of Scientist B who were recruited before 19.06.2003, may be promoted to Scientist B category under fast track promotion scheme envisaged in G.O(P). No. 82/99/STE/D dated 2.8.1999, subject to the following conditions: