RASHA Vs. KERALA STATE BEVERAGES

JUDGEMENT

(1.) Dispute regarding inter-se seniority between the petitioner and respondents 4 to 10, in the post of Assistant Manager/Accountant in the first respondent, Kerala State Beverages (M&M) Corporation Ltd., is the subject matter of this writ petition.

(2.) The petitioner entered the services of the first respondent on 12/12/2011 as Assistant Gr.-II. Her probation was declared on 11/12/2012. She was promoted as Assistant Gr.-I with effect from 12/12/2012. As per proceedings dtd. 24/7/2014, the probation was declared with effect from 26/12/2013. Assistant-I is the feeder category of Assistant Manager/Accountant. Rule 38 of the Special Rules of the Corporation stipulates the qualification for the post of Assistant Manager/ Accountant, by promotion as, "I class M.Com/ MBA/Inter ICWA/Inter CA/holding certificate proving successful pass in training conducted by the IMG". The petitioner had obtained MBA degree and was duly qualified as on the date of declaration of probation. On declaration of probation she became eligible for promotion. According to the petitioner, although eleven vacancies of Assistant Manager/Accountant existed in the Corporation on the date she became eligible for promotion, she was not being promoted.

(3.) Thereupon the petitioner gave a representation to the Managing Director of the Corporation seeking promotion. This was replied as per Ext.P6. Therein it was stated that, the other employees in the feeder category have not acquired the necessary qualification and that, upon completion of the IMG training (which is one among the optional qualifications) promotions will be made based on the PSC advice seniority for the original appointment. Seeking grant of promotion, the petitioner approached this Court in W.P.(c) No.19952/2014. Therein the first respondent Corporation filed a counter stating that, for effecting promotion, performance appraisal is to be conducted by the advisory committee and that on completion of such procedural formality, promotion will be effected. As per Ext.P9 judgment dtd. 3/2/2015, this Court directed promotion to be effected within a period of two months from the date of receipt of a copy of the judgment. Thereafter, as per Ext.P10 proceedings dtd. 29/6/2015, promotions were effected. In Ext.P10 the petitioner was placed at seniority No.8. The petitioner has approached this Court seeking a declaration that the petitioner is entitled to get preference in seniority over respondents 4 to 10, she being the first to be qualified.