RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The question which the petitioner, a Senior among Junior Engineers (now Assistant Enginners) hut a non-graduate, asks is the same which Bhagwathy J., posed on behalf of persons like the petitioner in the decision in Mohd. Shujat Ali v. Union of India :

(2.) Now to the facts, which make the above question relevant and the only answer obligatory. The petitioner, a diplomate entered service as an Overseer in Kerala Engineering Subordinate Service (Electrical Wing) and was promoted in his turn as per the Special Rides as Junior Engineer on 17th April, 1971 by Ext. Rule 3(a) order. He could and should have been promoted regularly to that vacancy on 10th October, 1969. That is clear from Ext. P. 1 list, which gives his date of promotion notionally as 10th October, 1969. Ext. Rule 3(a) ordered the promotion only provisionally, not because of the existence of any of the factors provided for under the relevant rules which enable an appointment to be made out of turn in an emergency or without regard to qualifications of claims of others or to save some money by avoiding regular promotion. It was so done apparently because the administrative practice had been that for a long time past. That was not meant to deprive the incumbent of his seniority is certain because in the list of Junior Engineers as on 1st April, 1978, he was assigned notional date of promotion as 10th October, 1969 In short, what the petitioner got by his promotion whether on 17th April, 1971 or on 10th October, 1969, was not a stop-gap or fortuitous promotion. It was not a windfall promotion.

(3.) Respondents 3 and 4, who were originally on the party array, and respondents 5 and 6, who came by orders on C.M.P. Nos. 8716 of 1983 and 13027 of 1983, are graduates who were appointed on 19th March 1974 and later as Junior Engineers. All of them are graduates. They were shown as Junior to the petitioner in Ext. P 1 provisional gradation list of Junior Engineers as on 1st April, 1978, The petitioner was rank No. 13 whereas respondents, 2, 3 and 4, were 30, 31 and 32 in that list. They would ordinarily have been appointed as Assistant Engineers (now Assistant Executive Engineers) according to the Special Rules promulgated on 6th February, 1967 only later than the petitioner. But on 19th February, 1974 the Government issued G.O. Ms. No. 24/74/PW D/- 19th February, 1974, introducing a note to Rule 2, Engineering Service (Electrical Wing) Rules, to the following effect: