DIVAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Alleging invidious discrimination meted out by the Respondents, this writ petition has been filed by the Petitioners who are presently working as Excise Inspectors. While working as Preventive Officers, they were promoted to the post of Assistant Excise Inspectors as per Ext.P-3 dated 19-7-2003. Thereafter, they were promoted to the post of Excise Inspectors as per Ext.P-5 dated 9-3-2005. This writ petition has been filed mainly with a prayer to issue a direction to the 2nd Respondent for pre-dating their promotions as Excise Inspectors with effect from the date of their promotion as Assistant Excise Inspectors viz., from 19-7-2003 in the light of Exts.P-1, P-2 and P-6. The further prayer is that the 1st Respondent may be directed to consider and pass orders on Ext.P-7 and similar representations filed by the Petitioners carrying similar prayers.

(2.) The Petitioners were promoted to the post of Assistant Excise Inspectors only as per Ext.P-3 order dated 19-7-2003. Ext.P-5 would reveal that they were promoted to the post of Excise Inspectors as per order dated 9-3-2005. The claim of the Petitioners is to pre-date their promotion as Excise Inspectors with effect from their date of promotion as Assistant Excise Inspectors in the light of Exts.P-1, P-2 and P-6. Exts.P-1, P-2 and P-6 would reveal that in the case of certain personnel in the department, they were given promotion to the post of Assistant Excise Inspectors on the same date they were given promotion to the post of Excise Inspectors. Based on the said orders it is contended that the action on the part of the Respondents in not considering the claims of the Petitioners is nothing but arbitrary and hostile discrimination and therefore, they are entitled to the reliefs sought for in this Writ Petition. The Petitioners did not have a contention that they were illegally superseded in the matter of such promotions.

(3.) The question to be decided is whether an Excise Preventive Officer can claim promotion to the post of Assistant Excise Inspector and Excise Inspector on the same day, with effect from the same day, as a matter of right. In other words, whether an Excise Preventive Officer can legally claim for a double promotion with effect from the same date. Normally, going by the relevant rules, none can stake such a claim. Usually, a promo tee to a post has to undergo a particular period of probation or in the absence of a probation period, such promottee has to stay in that particular post for a specified period to earn eligibility for further promotion. In this context it is worthwhile to note Rule 28(a) of the General Rules in the Kerala State and Subordinate Services Rules, 1958 which reads thus: