RAVEENDRAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) RELUCTANCE to follow the principle once clearly settled by a Bench decision of this Court gave rise to this Original Petition. The impugned orders are Exts. P2 and P3 relating to the Kerala Government Presses subordinate Service. Ext. P2 is a letter wherein it is stated that if promotions are effected to Grade-I/upper Division from different categories, seniority of the promoted personnel should be decided on the basis of date of birth. That is exactly the method condemned by this Court in Ext. P4 judgment wherein it was specifically held, and that too with reference to the very same Department, that "persons from the same cadre when get promotion to the higher posts, must carry along with them their seniority in the lower cadre. This legal position is beyond controversy".

(2.) THAT was a case where the Division Bench considered the seniority of a person promoted from Category-IV and another person promoted from Category-VI. There also, the contention was that once promoted from category-IV and Category-VI, seniority in the promoted Grade-I should be decided on the basis of their respective dates of birth, the older being the senior. Turning down the said contention, this court held that seniority which they maintained in Grade II should be maintained in Grade I also. In spite of such a legal position settled with respect to the very same Department by the judgment dated 14. 2. 1995, one wonders how the Department can make a somersault and again come up with a letter in the nature of Ext. P2. And that takes us to the facts of the case.

(3.) IN the counter affidavit Ext. P3 promotion is justified based on Ext. P2 letter issued by the 1st respondent and addressed to the 2nd respondent. It is stated therein that there is no special ratio fixed for the purpose of promotion from different Grade-I/upper Division posts to the post of Assistant Foreman (Machine Composing) since the Senior Grade is not included in the feeder category. However, in the said letter dated 9. 3. 1998 it is stated that when promotion is effected to Grade I, seniority among the promotees should be determined on the basis of their date of birth.