STATE OF KERALA Vs. DINES

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 8/7/2022 in W.P.(C) No.28195 of 2019. The appellants were respondents 1 to 3 in the writ petition. The first respondent was the petitioner in the writ petition. Parties and documents are referred to in this judgment for convenience, as they appear in the writ petition.

(2.) The petitioner who was working as Peon in Sree Krishna College, Guruvayoor (the College) since 7/3/2000 was promoted as Lower Division Typist on 16/10/2007 and later as Lower Division Clerk on 1/9/2010. He was promoted thereafter as Upper Division Clerk on 1/3/2013. The next grade to which the petitioner was entitled to be considered for promotion was the grade of Head Accountant. The grade next higher to the grade of Head Accountant is Junior Superintendent. A vacancy in the grade of Head Accountant and in the grade of Junior Superintendent arose in the College on 1/6/2017. Since there was no incumbent entitled to be considered for promotion to the grade of Junior Superintendent, the management promoted the petitioner directly to the said grade with effect from 1/6/2017. The Director of Collegiate Education who is empowered to approve the said appointment by promotion, entertained a doubt as to whether such a promotion could be made at all, and consequently, referred the matter to the Government. In terms of Ext.P4 order, the Government clarified that the feeder category for promotion to the grade of Junior Superintendent being the grade Head Accountant, the petitioner is not entitled to be promoted straight away to the grade of Junior Superintendent, without completing probation in the category of Head Accountant. In the light of Ext.P4 clarification, the Director declined approval to the appointment of the petitioner by promotion to the grade of Junior Superintendent. Ext.P5 is the communication issued by the Director to the Principal of the College in this regard. Exts.P4 and P5 orders were under challenge in the writ petition.

(3.) The learned Single Judge allowed the writ petition at the admission stage itself taking the view that Statute 66 of the Calicut University (Conditions of Service of the Teachers and Members of Non-Teaching Staff) First Statutes, 1979 (the Statutes) creates an exception to the normal rule that promotion to higher grades shall only be from the immediate lower category and in the light of the said provision, the promotion of the petitioner is in order. Consequently, the writ petition was allowed, Ext.P5 communication was quashed and the competent authorities were directed to approve the promotion of the petitioner as Junior Superintendent with effect from 1/6/2017 and disburse to him the eligible benefits. The State and the official respondents are aggrieved by the said decision of the learned Single Judge and hence, this appeal.