S RAJASHEKARAN Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) This original petition is filed by an employee of the first respondent University, who is working as Senior Grade Printer in the University Press. It is stated that the petitioner commenced his service in 1996 and after earning promotions has reached the post of Senior Grade Printer on 1/7/2000.

(2.) The controversy which lead to the filing of this original petition started from Ext.P3, a notification issued by the first respondent University inviting applications for filling up the post of Offset Printer. It is stated that the third respondent, who was working as Printer was appointed by transfer as Offset Printer pursuant to Ext.P3. Subsequently, the third respondent was on long leave without allowances during the period from 20/11/95 to 19/11/2000.During that period, effective from 1/6/99, a vacancy in the post of General Foreman arose in the University Press. Consequent on the promotions effected, there arose a consequential vacancy of Junior Foreman and realising that a vacancy in the category of Junior Foreman arose as stated above, the third respondent is stated to have cancelled his leave and rejoinedduty and claimed appointmenttothevacancy ofJunior Foreman.It is stated that by Ext.P5, the University appointed the third respondent as Junior Foreman on 31/5/99.

(3.) This was challenged by the petitioner by filing OP 11157/2000before this Court, which was disposedofbyExt.P6 judgment dated 26.7.2002. During the pendency of the case, a new vacancy in the category of Junior Foreman was to arise and it was taking note of that possibility, the writ petition was disposed of directing that the claims of the petitioner shall also be considered for promotion. Obviously, what was meant by this Court was not to disturb the promotion of the 3rdrespondent, but to consider the claims of the petitioner as against the new vacancy that was to arise.It is stated that subsequently his claim was considered and was rejected by Ext.P9 order dated 16.8.02. Still later, by Ext.P10 dated 7/9/02, the fourth respondent, who was also working as Offset Printer in the University Press was promoted and was appointed as Junior Foreman.