AMMINI Vs. STATE OF KERALA

JUDGEMENT

(1.) The Writ Appeal aforementioned filed by one Ammini arises from the decision of a learned Single Judge of this Court dismissing O. P. No. 14114 of 1997. The question is basically one of seniority in the Grade of Section Officer in the Finance Secretariat of the Government of Kerala as between the appellant and the 2nd respondent herein (Kamalam), both of whom joined Kerala Secretariat service as Confidential Assistants Grade II in the year 1975. The 2nd respondent joined service on 16.1.1975 as a non graduate whereas the appellant joined Government Service as graduate C.A. on 1.11.1975. Going by the date of entry into Government Service, the appellant was thus junior to the 2nd respondent.

(2.) The 2nd respondent was promoted as Confidential Assistant Grade I on 1.10.1982 and the appellant got such promotion in the year 1986. In 1983, the 2nd respondent got her degree also.

(3.) Even though the normal channel of promotion to the post of Section Officer in the Secretariat from Assistant Grade I, there is a Government order dated 17.6.1988 which enables promotion of Confidential Assistant Grade I also to that post. However, for being considered for such promotion, Confidential Assistants will have to undergo a training as Assistant Grade I for a period of one year. G.O.(Ms) No. 228/85 dated 26.6.1985, however provided that only those with test qualification will be sent for training. Such trained and qualified Confidential Assistant Grade I could aspire to become Section Officers by application of the formula mentioned in Ext. P13 G.O. whereunder the proportion for promotion between Assistant, Typist and Confidential Assistant Grade I will be in the ratio of 15:1:1.