M UMMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this original petition, the petitioner and respondents 5 and 6 contest for promotion to the post of L. D. Clerk in the Mannaniya College of Arts and science, Pangode ( 'the College' for short), of which the respondents 3 and 4 are the Manager and Principal respectively. The facts necessary for disposal of the original petition are as follows:

(2.) THE College is a newly started one, which started functioning in the year 1995-1996. The Government sanctioned 16 non-teaching posts for the College which included one post of Laboratory Assistant, one post of Library Assistant and 7 posts of Last Grade Servants. The 3rd respondent invited applications for the posts. But, without noticing that the erstwhile posts of Attenders had been re-designated as Laboratory Assistant and Library Assistant, the 3rd respondent invited applications for two vacancies in the post of Attender. The petitioner applied for the posts of Attender and Last Grade Servant. He got selection to the post of Peon and was appointed as such. The respondents got selected as attenders and were appointed as. such. The appointment of the petitioner was approved as that of a Last Grade Servant by Ext. P-10 order dated 1-7-1996 of the dy. Director of Collegiate Education with effect from 14-3-1996. Subsequently, the 3rd respondent promoted the petitioner, provisionally to the post of Library assistant by Ext. P-2 order dated 7-8-1996. That appointment was also approved by Ext. P-12 order dated 21-7-1997 with effect from 7-8-1996. Prior to that, by ext. P-3 order dated 1-7-1996, the proposals forwarded by the 3rd respondent for approval of the appointments of respondents 5 and 6 were returned as rejected on the ground that they did not possess the required qualifications for the post of lab. /lib. Assistants as prescribed in the Kerala University Statutes.

(3.) IN the meanwhile, two vacancies in the post of L. D. Clerk arose in the college on 3-6-1996 and 5-8-1996. The 3rd respondent promoted the 5th and 6th respondents to those vacancies. The petitioner filed a representation before the 2nd respondent claiming that as the only qualified hand in the feeder category, the petitioner is eligible for promotion to one of the vacancies of L. D. Clerk. By judgment dated 30-3-1999 in O. P. No. 8323/1999 filed by the petitioner, this court directed the 2nd respondent to consider and pass orders on the said representation. In compliance thereof, the 2nd respondent passed Ext. P-4 order dated 15-7-1999 directing the 3rd respondent to promote one Sri Shahul Hameed, l. D. Typist, to the first vacancy and the petitioner to the second vacancy. Since the 3rd respondent did not comply with the said direction, the petitioner again approached the 2nd respondent and this Court. Pursuant to Judgment dated 1-11-1999 in O. P. No. 26685/1999 of this Court, the 2nd respondent, by ext. P-5 dated 29-1-2000, informed the petitioner that his case has been referred to the Government for a decision, since final decision pursuant to the judgment in o. P. No. 23694/1999 filed by the 6th respondent is also pending with the government. The Government, after hearing the petitioner and the 6th respondent, by Ext. P-6 Order dated 15-9-2001, directed as follows: