M.MOHAMMED RAPHY Vs. CHAIRMAN, COCHIN PORT TURST

JUDGEMENT

(1.) Selection and appointment to the post of Welfare Inspector is the subject matter of challenge in the first two writ petitions, while promotion to the further higher post of Welfare Officer and appointment given to the concerned party respondent is under challenge in the latter one i.e., W.P.(C). No.6894/2010.

(2.) The petitioner in W.P.(C).No.31007/2009 joined the service of the Cochin Port Trust as L.D. Clerk on 3.5.1979 and has been subsequently promoted to different posts, such as Stenographer, U.D. Clerk, Stenographer Gr.I etc. He is having M.A. in Sociology and LLB (Labour Laws) and after considering the same as sufficient qualification for appointment as 'Welfare Inspector', he was promoted to the said post on 27.10.2003 and was given further promotion as 'Welfare Officer' on 15.6.2004.

(3.) Pursuant to a dispute as to the actual qualification required for the post of Welfare Inspector and for Welfare Officer, an Expert Committee was constituted by the Port Trust, who submitted a detailed report to the effect that, LLB with Labour Laws or a Post Graduate Degree of M.A. in Sociology was not the requisite qualification prescribed by the Rules for the post of Welfare Inspector, as it was only a Degree or Diploma in 'Social Service'. This report was accepted by the Port Trust and an order was issued in this regard, which made the petitioner to approach this Court by filing W.P.(C).No.29445/2006 to set aside the impugned order and also to declare that the petitioner was fully qualified under the existing Recruitment Rules to be appointed as Welfare Inspector and to be promoted as Welfare Officer. After considering the merits, the said writ petition was dismissed by the learned Single Judge; which, though was subjected to challenge in W.A.No.1730/2007, no interference was made by the Division Bench and the writ appeal was also dismissed.