GOPI T N Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are Helpers (Higher Grade) in the service of the Kerala State Civil Supplies Corporation. THE next promotion post for Helpers (Higher Grade) is that of Salesman. THEre is another post having higher scale of pay than Salesman namely, Junior Assistant. THE method of appointment to the post of Junior Assistant is by transfer from Salesman having educational qualification of pass in 8th standard with one year experience as Salesman and appointment by transfer from Higher Grade Helpers having the qualification of SSLC or equivalent with three years experience as Higher Grade Helper. In accordance with the said Rule, the petitioners were given appointment by transfer as Junior Assistants, since they had the educational qualifications and experience prescribed as per the Recruitment Rules. According to the petitioners, on such appointment as Junior Assistants, they are entitled to a fixation in the intermediate post of Salesman and a further fixation in the post of Junior Assistant in view of Ext.P6 Government Order on the subject. Although initially the Corporation was also inclined to grant that relief to the petitioners, by Ext.P8 they requested the Government for clarification in the matter. By Ext.P9, the Government declined the benefit to the petitioners on the ground that Ext.P6 order is applicable only to cases of appointment by promotion and not for appointment by transfer. Since the method of appointment to the post of Junior Assistant from the category of Salesman and Higher Grade Helper is by transfer, and not by promotion, the Government opined that the petitioners are not entitled to get the benefit of Ext.P6 Government Order. It is challenging the said order, the petitioners have filed this writ petition seeking the following reliefs:

(2.) THE contention raised by the petitioners is that appointment by transfer to the post of Junior Assistant being appointment to a higher scale of pay than that of Helper (Higher Grade) and Salesman, essentially it is a promotion and therefore, Ext.P6 Government Order should apply to such appointments also, insofar as Helpers (Higher Grade) are being given appointment to the post of Junior Assistant without an intermediate appointment to the post of Salesman. THE petitioners also rely on the definition of 'promotion' in Rule 2 (11) of Part I of KS & SSR, in which 'promotion' is defined to mean, the appointment of a member of any category or grade of a service or a class of service to a higher category or grade of such service or class.THE petitioners would contend that since the appointment as Junior Assistant is appointment of Helpers (Higher Grade) to a higher category or grade namely, Junior Assistant, the sameanswers the definition of 'promotion' and therefore, such appointment should also be treated as appointment by promotion, in which event the petitioner would be eligible for the benefit of Ext.P6.