PRADEEP BABU Vs. THE VICE CHANCELLOR/PRO-VICE CHANCELLOR-IN-CHARGE OF VICE CHANCELLOR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT AND ORS.

JUDGEMENT

(1.) The petitioner, joined the Sree Sankaracharya University of Sanskrit, Kalady (hereinafter referred to as 'University' for short), as a Section Officer on 10.04.2000, based on appointment after a regular process of selection. He was appointed as P.S to Registrar as per Ext.P4 order dated 10.05.2005. His probation was declared in the post of P.S to Registrar w.e.f 11.5.2006. By Ext.P7 representation, dated 14.03.2011 submitted to Registrar, he requested to revert him as Section Officer so as to enable him to get promoted as Assistant Registrar, which is the promotion post of Section Officer. Alleging inaction on his request he has filed this writ Petition seeking direction to the respondent University to allow his request for reversion as Section Officer and to promote him as Assistant Registrar on the basis of his seniority.

(2.) In Ext.P3 seniority list of Section Officers, the petitioner was rank No.15. In Ext.P7 representation, he pointed out that, his junior got promoted as Assistant Registrar on 2.6.2011. Relying on the judgment of the Full Bench in Balakrishnan Nair v. Ram Mohan Nair,1998 1 KerLT 766, petitioner claims promotion as Assistant Registrar after reverting him from the post of P.S to Registrar saying that he is not confirmed so far in that post and therefore his lien continues in the post of Section Officer.

(3.) As per the schedule to the First Statute of Sree Sankaracharya University of Sanskrit, 1997, the post of Section Officer in the pre-revised scale of 2000-3200 comes under category No.9, P.S to Registrar in the scale of 2500-4000 comes under category No.8 and the Assistant Registrar comes under category No.5 with the scale of pay of Rs.2500-4000. The method of appointment to the post of Assistant Registrar is by promotion from the cadre of Section Officer with a minimum service of 5 years in the cadre of Section Officer based on seniority and merit and by deputation from State/Central Government Departments/Universities in the same grade/post. The method of appointment to the post of P.S to Registrar is by selection from among the University employees or by deputation and in case no suitable person is available from among the employees, by advertisement and selection. The minimum qualification for the post of P.S to Registrar is a University Degree and experience as a Section Officer in the University or other experience in a supervisory capacity and in the case of Section Officers, they should have completed 3 years service in the cadre of Section Officer. The petitioner got appointment as P.S to Registrar after a regular process of selection on the basis of application submitted pursuant to the notification issued by the University, calling for applications from among qualified staff of the University and he has been working in that post right from 5/2005, based on his appointment as per Ext.P4.