RAJALEKSHMI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner joined service as Lower Division Typist in the Panchayat Department on 13-2-1967. She had the prescribed general qualification and the special qualification of Account Test, which were required for a Lower Division Clerk to be promoted to the cadre of Upper Division Clerk. She became an Upper Division Typist on 14-11-1973. On completion of 10 years service as Typist, she sought for category change as Upper Division Clerk. She was appointed as Upper Division Clerk in the Panchayat Department on 11-6-1979. She was confirmed in that cadre on completion of period of probation. In 1984, she was appointed as First Grade Executive Officer and she became Panchayat Inspector in 1987. While so, Ext. P1 notice dated 2-8-1989 was served on her informing her that she was not eligible for appointment as Upper Division Clerk since she had not passed the departmental test in M.O.P. Accordingly, she was called upon to show cause why her appointment as Upper Division Clerk should not be reconsidered. She filed a detailed reply. After considering the reply, second respondent, by Ext. P3 order dated 1-11-1990, reverted her to the post of Upper Division Typist in the office of Deputy Director of Panchayat, Ernakulam. That order was challenged in appeal before the Government. As there was delay in the disposal of that appeal, she approached this Court by filing O.P.1056/1991. This Court, by Ext. P5 judgment dated 28-1-1991, directed the Government to pass final order on the appeal preferred by the petitioner. In compliance with that direction, Government issued Ext. P6 order dated 4-3-1991 dismissing the appeal. Hence this Original Petition.

(2.) A detailed counter affidavit has been filed on behalf of the first respondent. The stand taken therein is that as per G.O.(MS) 301/68/PD dated 26-9-1968 read with G.O.(MS) 292/PD dated 29-6-1969, Upper Division Typists and Stenographers, who possess the qualifications prescribed for appointment as Upper Division Clerk/Assistant Grade - I and who have put in 10 years of service, will be eligible for appointment as Upper Division Clerk/Assistant Grade-I in every 6th vacancy arising in the concerned department. Pass in test in M.O.P. and Account Test (Lower) are obligatory for appointment as Upper Division Clerks. Petitioner passed only the Account Test (Lower). By mistake, she was appointed as Upper Division Clerk, when she did not pass the test in M.O.P. This fact was noticed by the appointing authority only on 24-2-1989. Consequently she was reverted as Upper Division Typist, since her appointment as Upper Division Clerk was not in order. Petitioner was not confirmed in the post of Upper Division Clerk. On these basis, it is contended that petitioner is not entitled to any of the reliefs asked for.

(3.) From the facts, it is clear that petitioner did not acquire the test in M.O.P. when she was allowed category change on 11-6-1979. As per G.O.(MS)301/68/PD dated 26-9-1968, Upper Division Typists and Stenographers, who have the prescribed qualifications and have put in 10 years of service, are eligible for appointment as Upper Division Clerks/Assistants Grade-I in every 6th vacancy arising in the concerned department. On the basis of this provision, petitioner was posted as Upper Division Clerk on 11-6-1979. Respondents have no case that petitioner misrepresented to the appointing authority regarding her qualification when she claimed category change. According to the respondents, they came to know of the mistake only when the service book of the petitioner was verified on 24-2-1989, i.e. nearly 10years after she was appointed as Upper Division Clerk. The Head of Office, in which petitioner was working, was bound to verify the service book periodically. So also, the higher authorities were duty bound to scrutinise the service records. From the counter affidavit, it is clear that no authority discharged this duty properly. But, for no fault of her's, she is being penalised by reverting her to the post of Upper Division Typist, after a lapse of more than 10years.