RAVINDRAN K Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) The petitioner is working as Electrician in the Engineering Unit of Mahatma Gandhi University (hereinafter referred to as "University"). The third respondent is working as Overseer Grade II (Electrical) in the Engineering Unit of the University.

(2.) The dispute involved in this Writ Petition centres round the method by which the promotion to the post of Overseer Grade I (Electrical) should be made. As per Ext.P 1 order dated 5.6.1999 issued by the University, ratio of 1:1 was provided for promotion from among Oversees Grade II (Electrical) and Electricians. The relevant portion of Ext.P1 order reads as follows:

(3.) It is an admitted case that in the year 1999, for the purpose of filling up the three posts of Oversees Grade I (Electrical), no one from among the category of Overseer Grade II (Electrical) was available and the three posts were filled up by promoted Electricians. It is also an admitted case and it is clear from Ext.P3 provisional seniority list that on 20.1.2005, one Shri Pratap P. Thankappan was promoted as Overseer Grade I (Electrical) while working as Overseer Grade II (Electrical). According to the learned Counsel for the petitioner, this was following the ratio as provided in Ext.P 1 University Order dated 5.6.1999. Now a vacancy of Overseer Grade I (Electrical) exists. According to the petitioner, that vacancy is to be filled up from among the Electricians; and admittedly the petitioner being the senior-most Electrician, he is entitled to be promoted as Overseer Grade I (Electrical). According to the third respondent, the ratio is to be decided not on the basis of the vacancies to be filled up for the present, but on the basis of the cadre strength. The learned Counsel for the third respondent submits that three Electricians having been promoted in the year 1999 as Oversees Grade I (Electrical), the vacancy which exists now is to be filled up promoting an Overseer Grade II (Electrical) and not by promoting an Electrician. If an Overseer Grade II (Electrical) is to be promoted as contended by the third respondent, he should get the promotion as he is the senior-most person in that category. On a representation made by the petitioner on 9.4.2007 to the University, the University issued Ext.P6 memo dated 13.6.2007 which reads as follows: