SUKUMARAN NAIR Vs. THE POSTMASTER GENERAL, KERALA

JUDGEMENT

(1.) The petitioner was a Postal Assistant. He was sufficiently senior to be considered for promotion to the Lower Selection Grade. Under R.272A of Volume IV, P.&T. Manual, promotion to the cadre is made in the order of seniority subject to fitness.

(2.) It is said that when the petitioner's turn arrived, some disciplinary proceedings were pending against him. Those proceedings ended by the imposition of a penalty of censure. After the conclusion of the disciplinary proceedings, his case was placed before the Departmental Promotion Committee for assessing whether he was suitable for promotion, notwithstanding the imposition of the penalty. The D.P.C. found him suitable and on that basis Ext. R-3 order was issued on 29th October, 1980 promoting him to the Lower Selection Grade. But soon thereafter Ext. R-4 order was issued on 14th November, 1980 keeping Ext. R-3 in abeyance on the ground that some other disciplinary proceedings under R.16 of the Classification, Control and Appeal Rules was being contemplated. The second disciplinary proceedings ultimately ended in the postponement of his increment for two years, and the department has taken the view that he could not be promoted till the expiry of the said two years.

(3.) According to the department, the petitioner has been dealt with under R.156 and 157 of Volume II of P.&T. Manual. It is possible to think that R.156(2) applies only where promotion is made by the method of selection. The rule specifically refers to "Zone of selection", "select list", and "position in the list". In the case of adjudging a person's suitability for promotion on the basis of seniority subject to fitness, the list prepared is not usually called a select list. It is not a "selection" and the selected persons have no "position" or rank except in accordance with the seniority in the feeder category. The reference in R.156(2) to selection, select list and rank would probably indicate that the sub-rule applies only to selection posts and not to non selection posts.