A.K. UNNIKRISHNAN Vs. GURUVAYOOR DEVASSWOM MANAGING,

JUDGEMENT

(1.) THE petitioner is working as Upper Division Clerk in Guruvayur Devaswom. The next higher cadre is Assistant Manager. He belongs to Vettuva community which is a scheduled caste. The reliefs sought for in this original petition is one seeking to quash Exts.P3 and P4 which are respectively resolution of the Managing Committee of the Guruvayur Devaswom and the proceedings of the Administrator of the Devaswom. Ext.P4 shows that pursuant to the retirement of two officers, one Sri.K.Sreenivasan was appointed as Deputy Administrator and subsequent to the arising of two vacancies of Assistant Manager, two Upper Division Clerks have been promoted as Assistant Managers. The contention raised by the petitioner apparently is that the principles of reservation should be applied in the matter of promotion to higher posts and alteast 10% of the grade of Asst. Manager has to be reserved for promotion from among Scheduled Castes and Scheduled Tribes. He filed Ext.P1 representation to consider the said request. Initially by Ext.P2 it was resolved to appoint him as Asst. Manager. The petitioner is relying upon Section 19(2) of the Guruvayur Devaswom Act, 1978 in support of his contention. Section 19(2) provides that 10% of the posts in each grade of the officers and other employees of the Devaswom shall be reserved for Scheduled Castes and Scheduled Tribes. Relying upon the said clause it is contended by the petitioner that the same applies to promotion posts also.

(2.) THE respondents have filed a detailed statement. It is contended that going by Section 19(4) of the Act the procedure for selection and appointment of officers and other employees of the Devaswom shall be such as may be determined by the Committee by Regulations made in this behalf. Regulation 8 provides that 10% of the posts for which appointments by direct recruitment are made shall be reserved for Scheduled Castes and Scheduled Tribes. Under Regulation 16(b) all promotions are to be made in accordance with seniority subject to the persons being considered suitable for the post. It is therefore pointed out that there is no specific provision providing for reservation in matters of promotion. Reliance is also placed on the judgment of this Court in OP.No. 7372/1989 which was rendered in respect of a similar claim in the Guruvayur Devaswom. Reliance was also made to the decision in Ajit Singh v. : AIR1999SC3471 to contend that there is no fundamental right to claim reservation in promotion.

(3.) APART from that going by the decisions of the Apex Court in Ajit Singh v. : AIR1999SC3471 and in South Central Railway Employees Co -operative Credit Society Employees Union v. : [1998]1SCR85 , the position is clear that the principles of reservation applies only in respect of the appointments in initial cadre and not in promotional cadres. In South Central Railway Employees Co -operative Credit Society Employees Union v. : [1998]1SCR85 , in para.5, their Lordships observed as follows: