RAVINDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Writ Petition of the year 1981, which was referred to a Division Bench on 3-2-1986 was adjourned on 13-1-1988 for being heard after the decision of the Supreme Court in the Special Leave Petition filed against another judgment in O. P. No. 1851 of 1984. The Supreme Court has since dismissed the Special Leave Petition, SLP (Civil) 4663 of 1990 on 9-4-1990. Thereafter the matter has now come up before us.

(2.) THE writ petitioner was recruited as Junior Mechanic on 9-11-1971. He possesses SSLC qualification and the Industrial Training course Certificate in the subject of general mechanic. Special Rules for the kerala Government Presses Subordinate Service were published on 22-9-1976 as per Ext. P1, prescribing the method for promotion to the superior posts. In these rules, it was stipulated that diploma holders would have preference over non-diploma holders for promotion to the superior posts. Subsequently the said rules were amended by Ext. P4 Rules dated 1-7-1980 with retrospective effect from 30-1-1978 by G. O. (P) No. 100/80. By way of this amendment diploma holders and certificate holders were promoted to the superior posts on the basis of the ratio 1:1. When the writ petition was filed, the petitioner was working as assistant Mechanic, and he claimed promotion to' the post of Senior Mechanic. Obviously the petitioner relied upon seniority in the category to which he belongs, and claimed that another person belonging to the same category would not be preferred for promotion as Senior Mechanic, merely because that person was a diploma holder. THE petitioner, therefore, sought for quashing of the ratio 1:1 prescribed by Ext. P4 amendment by G. O. (P) No. 100/80, which was to have retrospective effect from 30-1-1978. THE point made by the petitioner is that once the employees are brought into the same category, or are in the same category, no discrimination should be made for the purpose of higher promotion.