R RAVEENDRAN NAIR Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) Pursuant to Ext. P1 notification issued by the first respondent, Kerala Agricultural University, the petitioner applied for the post of First Grade Overseer and based on recruitment and appointment, he joined the service of the University as First Grade Overseer on 20.6.1983. Respondents 3 to 9 were also recruited likewise as Overseers; but subsequent to the appointment of the petitioner on different dates. Petitioner is aggrieved that respondents 3 to 5 were promoted as Assistant Engineers w.e.f. 11.11.1986 and respondents 6 to 8 were promoted w.e.f. February, 1987 overlooking the petitioner's seniority. The details in Ext. P5 seniority list would itself reveal that the petitioner commenced continuous service earlier than the aforesaid respondents. Petitioner also claims further promotion to the post of Assistant Executive Engineer in preference to respondents 3,5 and 9 aforementioned, who were promoted as Asst. Executive Engineers on 23.6.1993. The petitioner still remains in the lower post of Asst. Engineer.

(2.) The stand of the respondent University in the matter of said promotion is that the petitioner hails from the electrical branch, whereas the respondents belong to the civil branch and that they cannot be equated in the matter of promotion. It is also contended that the promotion due for the petitioner can be considered only when corresponding vacancy arises in the higher post in the electrical branch.

(3.) Learned counsel for the petitioner submitted that in the absence of special rules or even a proposal to have separate wings of the First Grade Overseers, irrespective of their branches, they have to be grouped together in the matter of seniority and that the stand of the respondents with regard to promotion cannot hence be sustained. It is also stated that the petitioner, though subsequent to his entry in the University service, has obtained a Diploma in Civil Engineering and as such is qualified to be considered for promotion even in the civil wing. The petitioner went on fighting for his due promotion and ultimately the Executive Committee decided to refer the matter to the decision of the Government. In Ext. P32 the Government clarified that if there was a vacancy prior to 6.11.1991 and the petitioner was eligible as per the common seniority list, it was nothing but fair to consider him for that post subject to the condition that he should satisfy other conditions for promotion. The claim of seniority came up for consideration of the Executive Committee in its meeting held on 22.1.2001, the minutes in respect of which is Ext. P48. As item 22, it was decided as follows : The Executive committee decided to grant the request of Shri. R. Raveendran Nair, Assistant Engineer (the present petitioner) to promote him to the cadre of Asst. Engineer w.e.f. 11.11.1986, provided he withdraws the two pending Original Petitions filed by him (O.P. No. 8723 of 1993 included) before the Hon'ble High court of Kerala". The said decision was communicated to the petitioner vide Ext. P49 and he was requested to withdraw the Original Petitions and report the details. The petitioner disagreed to the demand.