T.P.AJIKUMAR Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned single Judge in W.P.(C).No.19254 of 2012. The writ petitioner is the appellant herein. He was appointed as Class IV employee in the 1st respondent University and joined duty on 08.05.1992. He was promoted as Clerical Assistant on 9.12.1997 and acquired SSLC qualification in March 2007, while in service. He had completed 5 years of service, after acquiring SSLC qualification, in March 2012. The Mahatma Gandhi University was following the qualifications prescribed by the Kerala University First Ordinance, 1978 for the purpose of promotions to the post of Clerical Assistant and Assistant Grade II under it. The qualification prescribed for appointment to the post of Assistant Grade II under the First Ordinance was Graduation. It is the case of the appellant that relaxation of qualification for promotion is provided in Ext.P1, in the case of Clerical Assistants, who have SSLC or equivalent qualification. It was contended that several juniors of the appellant had been granted relaxation and had been promoted to the post of Assistant Grade II and the denial of the said benefit to the appellant was illegal.

(2.) The University had filed a counter affidavit contending that the relaxation of Degree qualification was granted only for low paid employees till 16.04.2007 and with effect from 16.04.2007, no relaxation could be claimed by the appellant. The appellant had challenged Exts.P2 and P10 orders to the extent they denied promotion to the post of Assistant Grade II. The learned single Judge took note of the contentions raised by the University in its counter affidavit to the effect that the appellant had acquired the qualification of SSLC in March 2007 and could have been held to be qualified only with effect from March 2012 when he acquired 5 years of experience after acquisition of the qualification. It was contended that only if he had acquired the qualifications and completed the five years of experience before 16.04.2007, he could have been eligible for promotion to the post of Assistant Grade II. It was held that the appellant having acquired the qualification of SSLC only in 2007 and having completed the requisite period of post qualification experience only in 2012, he was not entitled for the benefit of relaxation. The claim of the appellant for promotion to the post of Store Assistant, which was against the quota earmarked for SSLC qualified Clerical Assistants, was also rejected on the ground that the appellant had retired from service on 31.10.2014.

(3.) Heard learned counsel for the appellant and learned standing counsel appearing for the University.