LINSON THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was appointed as an Assistant in the services of the Kannur University, by creating a supernumerary post to accommodate him, on the strength of Ext.P2 Government Order dtd. 7/8/2013, which provides for such a benefit to persons who are physically disabled and who had been appointed initially through the employment exchange for a period of less than 180 days.

(2.) The petitioner says that he was initially appointed for 179 days in the Police Department, but that when he obtained an opportunity with the Kannur University, he resigned his job and joined it, which was accepted through Ext.P4 order of appointment dtd. 20/12/2013. He says that, subsequently, when a regular vacancy arose, the University issued Ext.P5 order appointing him to it, acting under the provisions of Article 69(C) of Chapter IV of Volume I of the Kerala Financial Code and that his probation was also thereafter declared. He says that, however, in the meanwhile, the Government brought out another order dtd. 3/2/2016, a copy of which is on record as Ext.P7, whereby, a clarification is made to Ext.P2 saying that persons who are appointed on supernumerary posts will continue only on such posts and will not be entitled to any other service benefits, including promotion or declaration of probation.

(3.) The petitioner says that on the basis of the afore order, the University has issued Ext.P8 cancelling his appointment in the vacancy of Office Attendant and reverting him to the supernumerary post created by them in the past. He adds that he represented against this before the Government and that when it is not properly considered, he had approached this Court and obtained Ext.P10 judgment; which finally led to Ext.P11 order, wherein, again it has been reiterated that Ext.P2, read with Ext.P7, could not grant him any benefit, including for the purpose of promotion or declaration of probation. The petitioner, therefore, prays that Exts.P7, P8 and P11 be set aside and the University be directed to grant him all benefits, as had been given to him through Ext.P5 order.