N.K.RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner's claim is for promotion to the post of Town Planner from a retrospective date. The petitioner has been promoted as Town Planner on 10.05.2011 and he retired from service. The petitioner's claim, as of now, is only for revision of pension, in accordance with the retrospective date, he is entitled to legally.

(2.) Admittedly, the promotion post of Town Planner is to be filled up from the feeder category of Deputy Town Planners. The qualification is a Degree in Engineering with six years experience in the feeder category or Diploma in Engineering with eight years experience. The petitioner is a diploma holder and the 3rd respondent is a graduate Engineer. The petitioner was appointed to the post of Deputy Town Planner on 08.05.2003 and he completed 8 years only on 07.05.2011. The DPC was scheduled on 21.03.2011. The petitioner, having not acquired his 8 years experience, was not considered in the DPC. The third respondent got included in the select list, since she had the required qualification.

(3.) Later, it so transpired that the third respondent was appointed to the post only on 06.08.2011. Hence, the DPC which convened on 21.03.2011 was for drawing up a select list for anticipated vacancies also. The petitioner hence claims that the petitioner should be promoted from 06.08.2011.