KUNJU KRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) These three appeals are directed against the common judgment rendered in O.P.Nos. 413 of 1987, 8296 of 1988 and 9146 of 1987 respectively. We shall advert more particularly to the parties in the first writ appeal, namely, Writ Appeal No. 982 of 1988, as also the documents produced in the said case, for the sake of convenience.

(2.) We are concerned in these cases with the problem regarding promotion to the cadre of Assistant Foremen (Binding) in the Kerala Government Presses Subordinate Service. Promotions are governed by the Special Rules for the Kerala Government Presses Subordinate Service dated the 22nd of September, 1976, published in the Kerala Gazette No. 40 dated 12th October, 1976. The Special Rules provide that the posts of Assistant Foremen (Binding) could be filled up by promotion from among Binders (Upper Division), in the absence of qualified Binders, Upper Division, by promotion from among Binders, Lower Division and in the absence of qualified hands as above, by resort to direct recruitment. The qualifications prescribed for the post of Assistant Foreman (Binding) for promotion are (1) Pass in S.S.L.C. or equivalent examination and (2) pass in K.G.T.E. or M.G.T.E. in Book Binding (Higher).

(3.) There was no final Gradation List of Binders (Upper Division) during the relevant period, that is in the year 1986 and there was only a provisional gradation list produced as Ext. P3(a), reflecting the position of the employees as on 1-1-1983. The relevant order Ext. P3 in this behalf, to which the provisional Gradation List is enclosed, expressly states that the rank and seniority shown in the list are only provisional and are subject to revision and corrections depending upon the decisions in some of the pending Writ Petitions and consideration of complaints, if any, received about the rankings assigned in the provisional gradation list. That there was no final Gradation List till the end of the year 1986 of Binders, Upper Division, in the first feeder category for Assistant Foreman is not and cannot be disputed.