JOSEPH JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner while working as Junior Superintendent in Aquinas College retired from service during the pendency of the writ petition.

(2.) The writ petition is filed seeking promotion to the post of Senior Superintendent with effect from 02/01/1995 and challenging the orders of the Government refusing to give effect to the said promotion.

(3.) Facts involved in the case disclose that the petitioner joined service as Lower Division Clerk on 01/12/1981 and on passing the departmental test he was promoted as Upper Division Clerk on 27/4/1983 and thereafter became Head Accountant on 27/4/1984. He was promoted as Junior Superintendent on 10/05/1985. At the time when the petitioner was promoted, the staff pattern approved by the Government as per Ext.P1 included one post of Senior Superintendent in the General Section where the students strength exceeds 1000, but was below 2500. Therefore, even at the time when the petitioner was promoted as Junior Superintendent as per Ext.P1, there was opportunity to have a post of one Senior Superintendent since the students strength of the College exceeded 1000.