MAYADEVI A Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD LEARNED COUNSEL FOR THE PETITIONER.

(2.) THE PETITIONER,ADMITTEDLY,JOINED AS LOWER DIVISION TYPIST IN THE ECONOMICS AND STATISTIC DEPARTMENT.IT IS NOT IN DISPUTE THAT AT THE TIME OF JOINING SERVICE,THERE WERE TWO CADRES,ONE MINISTERIAL CADRE AND THE OTHER TECHNICAL CADRE IN THE DEPARTMENT. IT IS ALSO NOT IN DISPUTE THAT THE PRESENT PETITIONER CHOSE TO BE IN THE TECHNICAL CADRE.ADMITTEDLY,SHE WAS IN THE MINISTERIAL CADRE, WHEN SHE WAS PROMOTED AS U.D.TYPIST.AS PER THE SPECIAL RULES, TO THE POST OF RESEARCH ASSISTANT,U.D TYPISTS FROM MINISTERIAL CADRE WERE ONE OF THE FEEDER CADRES AND THE SAME WAS REMOVED BY EXHIBIT P7 SPECIAL RULES CALLED 'KERALA STATISTICS AND ECONOMICS SUBORDINATE SERVICE SPECIAL RULES OF 2009' IN SUPERSESSION OF EARLIER RULES,EXHIBIT P3.THE GRIEVANCE OF THE PETITIONER AND SIMILARLY SITUATED PERSONS CAME TO BE CONSIDERED BY THE GOVERNMENT, WHEN THEY GAVE REPRESENTATIONS AND THE OP(KAT).1987/12 2 GOVERNMENT MADE AN ORDER AS PER EXHIBIT P12.AGGRIEVED BY THE LAST TWO LINES IN EXHIBIT P12,A WRIT PETITION CAME TO BE FILED AND LATER THE MATTER WAS TRANSFERRED TO KERALA ADMINISTRATIVE TRIBUNAL. ACCORDING TO THE PETITIONER,OTHER FEEDER CATEGORIES LIKE U.D COMPILERS/INVESTIGATORS ETC.HAVE PUT IN MORE NUMBER OF YEARS OF SERVICE IN THE RESPECTIVE POSTS.THEREFORE,IF THE TOTAL SERVICE SENIORITY BECOMES THE CRITERION FOR PROMOTION TO RESEARCH ASSISTANT,NEITHER THE PETITIONER NOR ANY U.D.TYPIST WOULD BE ABLE TO COMPETE WITH THE OTHER FEEDER CATEGORY.THEREFORE,VIRTUALLY EXHIBIT P12,THOUGH GIVEN AS A CONCESSION TO THE PETITIONER AND OTHERS,WAS TAKEN AWAY BY INTRODUCING THE LAST SENTENCE,I.E., COMPUTATION OF TOTAL SERVICE SENIORITY.

(3.) FROM THE SUBMISSIONS OF LEARNED SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS,WE NOTE THAT TO BECOME U.D TYPIST,IT WOULD TAKE ABOUT 2-3 YEARS FROM THE CADRE OF L.D TYPIST,BUT,SO FAR AS U.D.COMPILERS AND INVESTIGATORS ETC,TO GET NEXT PROMOTION,IT HAS TAKEN MORE THAN 15-16 YEARS.THEREFORE,IF LENGTH OF SERVICE IS NOT THE CRITERION,THE COMPILERS AND OTHERS,WHO HAD PUT IN LONG NUMBER OF YEARS OF SERVICE WOULD NEVER BE ENTITLED FOR ANY PROMOTION.THEREFORE,IN ORDER TO REMOVE DIFFICULTY AND TO DO JUSTICE EQUALLY TO ALL THE FEEDER CATEGORIES,THE LENGTH OF SERVICE WAS INTRODUCED ONLY AS A BENEFIT TO THE PETITIONER AND OTHERS ON THEIR REPRESENTATIONS,THOUGH IT WAS NEVER INTENDED AS PER THE AMENDED RULES.