A JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Common issues arise for consideration in these two writ petitions and therefore they have been heard together and are being disposed of by this common judgment. WP(C) No. 31047/2007 is taken as the leading case. The petitioners entered service as Junior Co-operative Inspectors in the Industries and Commerce Department. They were promoted on regular basis as Senior Co-operative Inspectors. They were then provisionally promoted as Industries Extension Officers. All the above mentioned posts are included in the Kerala Industries Subordinate Service and are governed by the Subordinate Service Rules (hereinafter referred to as the Subordinate Rules).

(2.) The post of Assistant District Industries Officer is one which is comprehended by the Special Rules for the Kerala Industries Service (hereinafter referred to as the Rules). The said post is included in category No. 2, Class No. V and Branch No. 1 of the State service. The method of appointment to the said post as per the special rules is as follows: <p>Assistant District : By transfer from the following Categories of the Kerala Industries Subordinate Service: Industries Extension Officer/ Technical Supervisor. Senior Co-operative Inspector.

(3.) Thus the post of Industries Extension Officer, Technical Supervisor along with Senior Co-operative Inspector from the feeder category for promotion to the post of Assistant District Industries Officer. The petitioners were entitled to be considered for promotion to the post of Assistant District Industries Officer. Even while continuing as Senior Co-operative Inspectors and as evidenced by Ext. P1, petitioners 1 and 2 were included in the select list for promotion to the post of Assistant District Industries Officer. As evidenced by Ext. P3 to P5 orders, they were promoted as Assistant District Industries Officer and their probation was also declared as evidenced by Exts. P6 to P8. Petitioners 3 to 7 were thereafter included in the select list published by the Government for promotion to the category of Assistant Registrar. The first petitioner was included in the select list for promotion to the post of Project Officer/Deputy Registrar and he was so promoted. The second petitioner was promoted as Assistant Registrar.