STATE OF KERALA Vs. JOBY.K.B

JUDGEMENT

(1.) The above captioned Original Petitions (KAT) are filed challenging the order dated 6.12.2018 in O.A(EKM) No.1091/2017 of the Kerala Administrative Tribunal (hereinafter mentioned as 'Tribunal'). O.P(KAT) No.294/2019 is filed by the respondents in O.A (EKM) No.1091/2017 and O.P(KAT)No.13/2020 is filed by the applicant in the Original Application. Since both cases are filed challenging the same order passed by the Tribunal, O.P.(KAT) No.294/2019 and O.P(KAT) No.13/2020 are disposed by this common judgment. Parties herein are mentioned as per their rank before the Tribunal.

(2.) The applicant is working as an Office Assistant in the office of the Deputy Director of Fisheries (Brackish Water and Training), East Kadungalloor, U.C College P.O, Aluva. The main relief sought for in the Original Application is to direct the respondents to promote the applicant to the post of Mechanic under the 2nd respondent. The applicant also prayed before the Tribunal for declaring that, the applicants qualification ie. ITI Refrigeration/ Air Conditioning is a sufficient qualification for promotion to the post of Mechanic in the light of Annexure A2 Special Rules and Annexure A3 Government order. There are other connected reliefs also.

(3.) Applicant joined in the service under the 2 nd respondent on 14.6.2004. Annexure A1 is the certificate showing that the applicant completed ITI Refrigeration and Air Conditioning. Annexure A2 produced along with the Original Application is the Kerala Fisheries Service Special Rules, 1962. As per Annexure A2, the post of Mechanic is category No.12. For category No.12 Mechanic and Category No.13 Mechanics Guide Lights and Category No.14 Mechanics Fish Curing Yard, the qualification mentioned is ITI Certificate in concerned trade or equivalent qualification.