BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner entered service as a Work Superintendent on 8-101953. By Ext. P-1 order dated 14-11-1953 he was directed to join for duty before the Supervisor, Thalappilly. On 16-3-1955 by Ext. P2 order he was provisionally appointed as Tracer, Planning Division, Alwaye. On 30-4-1956 he was promoted as Draftsman on a temporary basis and posted to the Special Sub-Division, Veterinary College Construction, Trichur. On 29-8-56 he was appointed as Overseer, Chitoor section by the Executive Engineer as per Ext. P 4. His provisional appointment on the work establishment was regularised by the Public Service Commission as per Ext. P 5, dated 13-6-1957. The 2nd respondent, Chief Engineer thereafter promoted the petitioner as per Ext. P6 order dated 5-11-1960 as acting Junior Engineer and assigned him rank No. 40. The requisite, qualification for a Junior Engineer is seen in G. O. Ms. No. 1390 dated 20-11-1958, which is Ext. P7. In Ext. P8 seniority list, provisionally prepared as an 1-4-1977 of Junior Engineers the petitioner's date of appointment was shown as 20-12-1962 and his rank as 479. The petitioner's case is that this is an obvious mistake and that he should have been placed at 100. The petitioner submitted Ext. P9 representation against the assigning of this mistaken rank. That was rejected by Ext. P 10 reply. The point pressed against him is that is service would be counted only after he was regularised on 13-6-1957 as :per Ext. P5 and not before. Hence this petition, to quash Exts. P8 and P. 10

(2.) THE stand taken by the respondents is, as indicated above, that the petitioners would be entitled to count his service only from 13-6-1957. It is stated in paragraph 4 as follows: As per the provisional seniority list of Assistant Engineers (Diploma holders) published in Chief Engineers Office proceedings 61683/eic/ Special Cell/77 dated 15-6-1977 (Prepared in accordance with the stipulation contained in GO Ms. 1390 dated 20-11-1958 Note 1 to Clause 3 (b) (i. e.) separate seniority lists for graduates, diploma holders and certificate holders; the rank assigned to the petitioner is 461 and the date of appointment to the post is 20-12-1962. As per the Special Rules a certificate holder in the category of 1 Grade overseer/ Draftsman should have rendered a service under Government for a minimum period of 5 years of which not less than 2 years should be in the category of 1st Grade Draftsman/overseer to become qualified for promotion as Junior Engineer/assistant Engineer in the certificate quota. He has completed five years regular service in the regular establishment only on 12-6-1962. Moreover the provisional list has also not been finalised. Based on the directions of High Court in O. P. No 4493/72 filed by Diploma Holders Association the appointments and promotions made to the category of Junior Engineer in the pre revision ratio of 5:3:2 was reviewed for the period from 2-121958 to 16-10-1965 and a list of Diploma Holding Assistant Engineers prepared as per proceedings No. 34071/adi/75 dated 25-1-1977 and this is not a seniority list. This list was also taken into consideration in preparing the provisional seniority list.

(3.) ON a consideration of the statutory and judicial aspects of the case, presented before me by the petitioner's counsel, I find this case has to succeed Exhibit, P7 gives the qualification for promotion as Junior Engineer. The necessary service mentioned is ''must have rendered a service under Government for a minimum period of five years of which not less than two years should be in the category of I Grade overseer". If his service from 13-6-1957 alone is to be taken into account, the petitioner cannot succeed. If his entire service can be taken into account, he can succeed. It has to be borne in mind that the qualification prescribed does not even remotely indicate the nature of the service required. The only word used is "service" which means that service of any kind would entitle the petitioner for being promoted, if he has the requisite service to his credit. That this is the case appears to be clear from Ext. P6 also by which he was provisionally promoted as Junior Engineer. In the remarks column of Ext. P-6 it is stated "the Superintending Engineer will please verify his qualification and service particulars and effect the promotion order if all the conditions are satisfied as per G. O. Ms. No. 1390 dated 20-11-58", which is Ext. P7 in this case. There is no mention in this case as to the nature of the service that the petitioner should possess.