M.V.DINES Vs. STATE OF KERALA

JUDGEMENT

(1.) The first respondent in the writ appeal, who was the petitioner in the writ petition seeks review of the judgment in the writ appeal. Parties and documents are referred to in this order for convenience, as they appear in the writ petition.

(2.) The petitioner who was working as Peon in Sree Krishna College, Guruvayoor (the College) since 7/3/2000 was promoted as Lower Division Typist on 16/10/2007 and later as Lower Division Clerk on 1/9/2010. He was promoted thereafter as Upper Division Clerk on 1/3/2013. The next grade to which the petitioner was entitled to be considered for promotion was the grade of Head Accountant. The grade next higher to the grade of Head Accountant is Junior Superintendent. A vacancy in the grade of Head Accountant and in the grade of Junior Superintendent arose in the College on 1/6/2017. Since there was no incumbent entitled to be considered for promotion to the grade of Junior Superintendent, the management promoted the petitioner directly to the said grade with effect from 1/6/2017. The Director of Collegiate Education who is empowered to approve the said appointment by promotion, entertained a doubt as to whether such a promotion could be made at all, and consequently, referred the matter to the Government. In terms of Ext.P4 order, the Government clarified that the feeder category for promotion to the grade of Junior Superintendent being the grade Head Accountant, the petitioner is not entitled to be promoted straight away to the grade of Junior Superintendent, without completing probation in the category of Head Accountant. In the light of Ext.P4 clarification, the Director declined approval to the appointment of the petitioner by promotion to the grade of Junior Superintendent. Ext.P5 is the communication issued by the Director to the Principal of the College in this regard. Exts.P4 and P5 orders were under challenge in the writ petition.

(3.) The learned Single Judge allowed the writ petition at the admission stage itself taking the view that Statute 66 of the Calicut University (Conditions of Service of the Teachers and Members of Non-Teaching Staff) First Statutes, 1979 (the Statutes) creates an exception to the normal rule that promotion to higher grades shall only be from the immediate lower category. The said view has been taken by the learned Single Judge having regard to the fact that promotion is provided for in terms of Statute 66 not from the immediate lower category, but from the other lower categories. The said decision of the learned Single Judge was challenged by the State and the official respondents in appeal and this Court, in terms of the judgment sought to be reviewed, allowed the appeal and dismissed the writ petition. As noted, the petitioner seeks review of the said judgment.