P.ABOOBACKER Vs. EMILIA MORRIS

JUDGEMENT

(1.) Petitioners were respondents 4 to 6 in the original application filed by the first respondent herein. The Tribunal, as per its order in O.A.No.1326 of 2014, allowed the original application and set aside Annexure A6 order of the Government by which the petitioners were promoted as Head of Section in Electronics in different Government Polytechnic Colleges with effect from 11.11.2000 and granted notional promotion as Principals, with effect from 03.06.2010 and were posted as Principals with immediate effect in purported exercise of the power under Rule 39 of Part II KS&SSR. The essential facts, which culminated in the impugned order, are as follows:-

(2.) By Annexure A1 dated 21.04.2003, select list of Head of Section in Electronics Engineering for the year 2002 and 2003 was published. The applicant was included at serial No.2 in the select list for the year 2002 and respondents 4 and 5 at serial Nos.4 and 5 in the select list for the year 2003. The 6th respondent was not included in the select list for the years 2002 or 2003. By Annexure A2 dated 18.07.2003, the applicant was promoted as Head of Section in Electronics Engineering and posted at the Government Polytechnic, Cherthala. In Annexure A3 seniority list dated 05.06.2007, the O.P.(KAT) No.214 of 2018 applicant was included at serial No.9, whereas respondents 4 and 5 were at serial Nos.17 and 18 respectively.

(3.) As per the service details of the 4th respondent, he was appointed as Workshop Instructor in the Technical Education Department on 14.02.1984 and promoted as Lecturer on 11.11.1997 on acquisition of B.Tech. He was promoted to the post of Head of Section as per order dated 23.07.2003. The service particulars of the 5th and 6th respondents, who are also promoted as Lecturer on 11.11.1997 after acquisition of B.Tech Degree while in service, are as follows:-