E M DHARMARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is an Assistant Engineer in the Municipal Common Service. He joined service as Overseer Grade II on 19.9.1970. At the time of his entry in service he was holding only a Diploma in Engineering. He was promoted to the cadre of Overseer Grade I on 18.7.1975. While he was working as Overseer Grade I, he passed B.Tech. (Civil) Examination of Calicut University in June, 1984. The fact that he passed B.Tech (Civil) Examination in June, 1984 is recorded in his Service Book. The petitioner was promoted to the cadre of Asst. Engineer on 3.12.1985 and since then he has been working as Asst. Engineer. He was promoted to the cadre of Asst. Engineer in the quota ear - marked for Engineering Diploma holders. Since the petitioner had acquired B.Tech (Civil) degree in Engineering before his promotion to the cadre of Asst. Engineer, he claims promotion to the cadre of Asst. Executive Engineer in the quota reserved for Engineering Degree holders. It is contended that if his case was considered for promotion in the quota reserved for Engineering Degree holders, he would have been promoted as Asst. Executive Engineer at least in 1993. It is stated that the petitioner submitted representations to the authorities in 1996, 1997 and 1998 requesting them to include his name in the quota for Engineering Degree holders with effect from the date of promotion to the post of Asst. Engineer on 3.12.1985 and to give him promotion to the post of Asst. Executive Engineer on that basis. Since there was no response to the above mentioned representations, the petitioner submitted another representation dated 14.9.1999 to the first respondent Govt. of Kerala. When there was delay in considering that representation, the petitioner filed O.P. No. 26064/1999 which was disposed of by this Court on 22.10.1999 directing the first respondent to consider and pass orders on the representation within three months from the date of receipt of a copy of the judgment. Thereafter the first respondent passed Ext. P7 order dated 3.4.2000 rejecting the request contained in the representation of the petitioner. In Ext. P7 the first respondent has stated that even though the petitioner subsequently acquired the Degree in Engineering, his entry in service was not as an Engineering graduate and therefore he should wait for his promotion to the cadre of Asst. Executive Engineer based on his seniority in the quota for Diploma holders. It is also stated that the petitioners promotion to the cadre of Asst. Engineer with effect from 3.12.1985 was on a purely provisional basis in one of the vacancies of Assistant Engineers existing at that time and it was subject to the condition that he would be reverted when a regular hand advised by the Public Service Commission joins duty. It is further stated that the petitioners regular promotion as Asst. Engineer took place only on 30.7.1990 when his turn for promotion as Asst. Engineer came in the quota for Diploma holders. Aggrieved by Ext. P7 order of the Government, the petitioner has filed this Writ Petition praying for the issuance of a writ of certiorari or other appropriate writ, direction or order calling for the records leading to Ext. P7 and to quash the same. The petitioner has also prayed for a writ of mandamus or other appropriate writ, direction or order to the first respondent to reckon the seniority and rank of the petitioner in the cadre of Asst. Engineer in the quota for Engineering Degree holders with effect from 3.12.1985 and to promote him to the post of Asst. Executive Engineer on that basis with all attendant benefits.

(2.) The first respondent has filed a counter affidavit disputing the claims raised by the petitioner in the Writ Petition and reiterating the stand taken in Ext. P7 It is averred in the counter affidavit that Ext. P7 order is perfectly legal and valid.

(3.) During the course of arguments, Shri. B. Raghunathan, learned counsel for the petitioner submitted that the petitioner did not dispute the averment in the counter affidavit that the petitioners promotion to the cadre of Asst. Engineer was regularised only with effect from 30.7.1990 and therefore he was entitled to claim seniority in the cadre of Asst. Engineer only with effect from 30.7.1990. However, learned counsel asserted that the petitioner was entitled to promotion to the cadre of Asst. Executive Engineer in the quota for Degree holders.