VIJU P VARGHESE Vs. COCHIN PORT TRUST

JUDGEMENT

(1.) Prayers in this Writ Petition are as follows :

(2.) Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for respondents 1 to 4 and the learned counsel appearing for 5th respondent

(3.) It is submitted that the petitioner was appointed as Lower Division Clerk (for short 'LDC') in the 1st respondent on 19/2/1996 and was promoted as Upper Division Clerk/Shed Clerk and thereafter as Operator cum Input/ Output Assistant (for short OCIOA). His appointment as OCIOA was on 30/12/1999 and he was included as Rank No.4 out of 13 candidates for promotion to the post of Senior OCIOA/Programmer. It is submitted that the 5th respondent who had lesser marks than the petitioner was included as rank No.12 in the list. By virtue of the Recruitment Rules as it stood in 2016, the post of Senior OCIOA is to be filled up by promotion from the post of OCIOA with two years regular service or from Accountant with three years regular service. The petitioner contends that the 5th respondent who was his immediate senior in the seniority list of OCIOA was punished for unauthorised absence from 1/5/2015 to 18/5/2015. By Ext.P3 order dtd. 8/2/2016, the period from 1/5/2015 to 18/5/2015 was treated as non-duty for all purposes other than pension. It is contended that due to treating of the said period of 18 days as nonduty, the 5th respondent became junior to the petitioner and it was the petitioner who ought to have been promoted as Senior OCIOA w.e.f. 1/12/2016. The petitioner therefore filed Exts.P5 and P6 representations which were rejected by Ext.P8. The 5th respondent was promoted as Senior OCIOA by Ext.P7 order dtd. 1/12/2016.