SHABU T.T. Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) THE petitioner was appointed as Heavy Vehicle Driver on 29.12.2004 in the service of the first respondent (University of Calicut). Petitioner was No.2 in the order of merit in appointment and the third respondent was placed No.3 below the petitioner. The next promotion is to the post of Vehicle Examiner. Vacancy to that post arose in the year, 1998 on the retirement of one Gopinathan Nair. According to the petitioner, the existing amended Ordinance prescribes qualifications and methods for appointment of Vehicle Examiner. It is a pass in the S.S.L.C or equivalent examination and 5 years' experience in heavy vehicle driving as revealed by Ext.P3, dated 04.09.2012 and the method of appointment is by posting from the cadre of Heavy Vehicle Driver based on seniority and qualification. According to the petitioner, he has acquired the said qualification and is eligible to be promoted as Vehicle Examiner in the vacancy which arose in the year, 1998. According to the petitioner, the third respondent has not acquired the necessary qualification. He is attached to the office of the second respondent and is going to be unduly favoured by attempting at an amendment of the Ordinance. Petitioner has preferred Ext.P4, representation before the Registrar of the first respondent requesting that the petitioner be promoted as Vehicle Examiner in the vacancy which arose in the year, 1998 based on the existing Ordinance regarding qualification and method of appointment as Vehicle Examiner. Petitioner prays that there may be a direction to promote him as Vehicle Examiner based on seniority and qualification as it existed on the date the vacancy arose, declare that he is entitled to be promoted to the post of Vehicle Examiner in terms of the existing Ordinance and a direction to consider Ext.P4, representation preferred by him.

(2.) THE learned Standing Counsel for the respondents 1 and 2 submits that the allegations in the Writ Petition are not correct and that in the meeting of the standing committee on staff held on 12.03.2013 it was resolved to recommend to amend method of recruitment for the post of Vehicle Examiner. According to the learned Standing Counsel, as per G.O.P.No.86/11 dated 26.02.2011 the State Government has issued restriction as regards promotion to the post of Pool officers, Section officers and Vehicle Examiner.

(3.) WHEN this matter came up for admission on 10.05.2013 this Court passed an interim order that no appointment shall be made to the post of Vehicle Examiner as per Ext.P5 (pending disposal of the Writ Petition).