VASUDEVAN Vs. COCHIN DEVASWOM BOARD

JUDGEMENT

(1.) The five petitioners are employees of the Cochin Davaswom Board. They joined the service of the Cochin Devaswom Board as lower division clerks in 1968, 1964, 1967, 1961 and 1964 respectively, and were, thereafter, promoted, on acquisition of the prescribed test qualifications, as UD clerks with effect from 1973, 1974, 1975, 1978 and 1977 respectively. Their seniors belonging to Scheduled Castes / Tribes had been superceded for promotion since they were not test qualified, inspite of the fact that the Government had issued G. O. MS. 22/PD dated 13-1-1972 exempting employees belonging to the Scheduled Castes and Scheduled Tribes from passing obligatory departmental tests. The Board realised its mistake in not giving the benefit of this exemption to senior employees of Scheduled Castes/Scheduled Tribes; and consequently promoted them in accordance with seniority by Exts. P2 and P3 orders continuing the benefit for one promotion only. It was ordered that the question of granting the benefit in the matter of further promotions would be considered after obtaining clarifications from the Government. That clarification is yet to come. But the Government seems to have taken the view in one order Ext. P4 that the benefit of exemption is available only for one promotion. The Board however passed Ext. P6 order without obtaining any clarification from Government that the benefit of exemption from test qualification with effect from 13-1-1972 should enure in favour of Scheduled Caste / Tribe employees for all promotions and consequently ordered review of all promotions, which had been provisionally made since then.

(2.) Counsel for the petitioners submits that Ext P6 order is illegal for the reasons, (a) that it was the result of a misunderstanding of the provisions regarding special treatment to employees belonging to Scheduled Castes and Scheduled Tribes, (b) that the provisions of the K. S. & S. S. R. were not applicable to the Devaswom Board employees and R.13AA thereof could not have been applied to them, (c) that even Scheduled Caste / Scheduled Tribe employees are entitled only for reservation in the matter of appointment and not exemption from qualification impairing quality of and efficiency in public service and (d) that in any case, the preference to Scheduled Castes and Scheduled Tribes cannot be so excessive or arbitrary as to convert it into discrimination in reverse.

(3.) Petitioners submit that the employees belonging to Scheduled Castes and Scheduled Tribes were preferred not only in the matter of first promotion but also in the matter of further promotion for the entire period from 1972-1984. It is admitted that test qualifications are necessary only in the initial promotion category. If once, for the purpose of promotion to that category, seniority alone is taken into account irrespective of test qualifications, thereafter, further promotions can be made only according to seniority. Juniors like the petitioners obtained promotions to higher categories only because they were preferred to the SC and ST employees, who were seniors in the lower division but had no test qualifications. Had the exemption from test qualifications been given effect to when the vacancies arose, the senior Scheduled Caste / Scheduled Tribe candidates alone would have been promoted as U. D. clerks Once they were so promoted, they would naturally have secured further promotions, since for obtaining such promotions, no other test qualifications were prescribed. The entitlement for promotion depended entirely on seniority alone. The fact that what should have been was not done in time does not preclude the Devaswom Board from giving the senior employees their due at a later stage with retrospective effect. I do not find any substance in the complaint that the exemption enabled the Scheduled Caste / Scheduled Tribe employees only to one promotion and the review of all promotion is therefore arbitrary and discriminatory. Even otherwise, Ext. P1 obviously applied wherever test qualifications were prescribed.