GIRIJA DEVI Vs. KERALA KALAMANDALAM

JUDGEMENT

(1.) The petitioner was appointed as an Instructor in Koodiyattom by Ext. P1 order dated. 29.12.1980. By Ext. P2 order dated 13.8.1991, she was promoted as First Grade Instructor with retrospective effect from 18.12.1990. By Ext. P3 order dated 31.12.1993 she was reverted as second grade Instructor and the additional third respondent was posted in the vacancy. The additional third respondent was reverted earlier to the post of second grade Instructor as a punishment. The original petition has been filed challenging Ext. P3 order by which the petitioner was reverted as a second grade Instructor when the additional third respondent joined duty as first grade Instructor on completion of the period of reversion. The contention of the petitioner is that she is not liable to give place to the additional third respondent merely because the additional third respondent is posted as first grade Instructor on the expiry of the period of punishment. The additional third respondent contends that he is entitled to get the post of first grade Instructor automatically after the completion of the period of punishment.

(2.) In order to appreciate the rival contentions of the petitioner and of the additional third respondent, it is necessary to look into the relevant provisions contained in the Kerala Civil Service (CC & A) Rules (hereinafter referred to as 'the Rules'). R.11 of the Rules deals with the nature of penalties which could be imposed on a Government servant. It is admitted on all the sides that the above Rules are made applicable to the service of 'Kalamandalam'. R.11(1)(v) deals with the punishment of reduction to a lower rank in the seniority list or grade or time scale. Note (1) stipulates that the period of reduction shall not be less than six months and not more than five years. If the period is not specified in the order, the period of reduction shall be deemed to be six months. Note (3) says that an order of reduction to a lower post or to and lower time scale shall entail loss of seniority. According to Note (4) an officer on reduction to a lower grade shall take his place at the top of the list of officers in the lower grade. On completion of the period of reduction, he shall be considered for promotion. On promotion he shall take his place in the bottom of the higher grade. Note (5) provides that the previous service in the higher grade of the person who has been reduced to lower grade shall on re-promotion count for increments only subject to the provisions of R.36 of the Kerala Service Rules.

(3.) Sri. Asok Kumar, learned counsel for the additional third respondent brought to my notice a Division Bench judgment of this Court reported in Sethu Jayasree Bhasker v. Secretary, Travancore Devaswom Board ( 1993 (2) KLJ 494 ). In the above ruling, the question for consideration was whether the Government or the Devaswom Board (the appointing authority in that case) could review the orders of any subordinate authority and whether such an order was an original order or an appellate order under R.34 of the Rules. But in the last portion of the judgment, the Division Bench has stated as follows: