MEHABOOB P.M Vs. STATE OF KERALA

JUDGEMENT

(1.) These original petitions (KAT) are filed against the order in OA (EKM) 555 of 2021 dtd. 15/12/2021. OP(KAT) 103 of 2022 is filed by the State of Kerala and its officials, while OP(KAT)123 of 2022 is filed by those persons who unsuccessfully filed a review against the impugned judgment before the Tribunal.

(2.) The applicant in OA No.555 of 2021, a Mechanic in the Agricultural Development and Farmers Welfare Department, a post which is included as a feeder category for promotion as Assistant Engineer (Agriculture), approached the Tribunal against the nonfilling up of three vacancies of Assistant Engineer (Agriculture) available for promotion. Earlier, the qualification and method of appointment to the post of Assistant Engineer (Agriculture) was laid down as per executive orders dated 7.3. 1990, Annexure A1, which was later amended as per Annexure A2 order dtd. 5/5/1993. Alleging that the applicant was included in Annexure A3 select list of the employees eligible for promotion in the year 2012 and stating that vacancies have arisen on 31/5/2017, 30/4/2019 and 5/11/2020, the appellant sought convening of the Department Promotion Committee (DPC) for effecting promotion. While so, the Special Rules, namely the Agricultural State Services Special Rules, 2021 was brought into force as per notification dtd. 12/2/2021 and the applicant contended that the said Rules are only prospective and cannot be invoked to fill up those vacancies in existence prior to its coming into force.

(3.) The Government filed a statement stating that four vacancies of Assistant Engineer (Agriculture) was available in the Department, out of which one was reported to the Public Service Commission for direct recruitment in tune with the ratio of 3:1 and that three vacancies are remained to be filled up through promotion.