UNION OF INDIA Vs. PRAMOD P.P.

JUDGEMENT

(1.) The respondents in the T.A have filed this petition against Annexure A5 order passed by the Kerala Administrative Tribunal by which they were directed to reconsider the claim of the first respondent herein for promotion as Assistant Superintendent.

(2.) THE first respondent herein, who is working as Chief Foreman (Workshop) in the Government Central Press, Thiruvananthapuram filed writ petition No. 15559/2011 before this Court challenging Ext.P18 order dated 13 -5 -2011, by which Government rejected his representation for promotion to the category of Assistant Superintendent, saying that the post of Chief Foreman (Workshop) was not included in the feeder category. Relying on the Special Rules Ext. P1, petitioner/first respondent herein claimed that he was fully qualified and eligible for promotion and the post of Chief Foreman (Workshop) is one of the feeder categories for promotion as Assistant Superintendent. The petitioners herein resisted his claim saying that he is neither qualified nor included in the feeder category. According to them, the post of Chief Foreman (Workshop) was only an upgraded post of Foreman in Workshop Section and is different from the Chief Foreman occurring in Ext P1 Special rules.

(3.) THE Tribunal, after considering the pleadings as well as the provisions in Ext. P1 Special Rules, found that the post of Chief Foreman (Workshop) forms the feeder category for promotion to the post of Assistant Superintendent. By Annexure A5 order, the Tribunal quashed Ext.P18 order and directed Government to reconsider his claim for promotion within a period of three months. At the same time the question regarding the qualification/suitability of the first respondent for promotion was left open.