ROBY VARGHESE V.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition is filed by the petitioner challenging the dismissal of his original application, that questioned the assignment of his seniority, whereby, he, a direct recruit was placed below the contesting respondents 5 to 8, who were the promotees.

(2.) The short facts leading to the above original petition are as follows:-

(3.) The petitioner had approached the Tribunal by fling OA No.2392 of 2017 to get his representation filed before the Government disposed. The Government passed Annexure-A23 order in obedience to the directions. It cannot be disputed that the applicant completed his training only on 27/6/2008, whereas all the party respondents were promoted as the Station Officer before that date. The petitioner also contended that the period of training was directed to be treated as duty for all service benefits by Annexure A14 order dtd. 19/6/2012. The Tribunal was of the view that since the petitioner's initial appointment was only as Station Officer Trainee and was eligible for regular appointment only on successful completion of the training namely on 27/6/2008 and as the party respondents were all appointed prior to 27/6/2008, the stand of the Government cannot be faulted and in that view of the Tribunal proceeded to dismiss the original application filed by the applicant.