ARSHAD BEEGUM Vs. NAJEEB

JUDGEMENT

(1.) O. P. Nos. 14661/99 and 6313/97 were heard and disposed of by a common judgment dated 24. 01. 2008 by the learned Single Judge. The petitioner in O. P. No. 6313/97 (the additional 6th respondent in O. P. No. 14661/99) has preferred these two appeals. Since these appeals are directed against the very same judgment, they are heard and disposed of by this common judgment. The point that arises for decision in this appeal is whether an L. D. Typist working in a private college can be denied promotion to the vacancy in the post of L. D. Clerk on the ground that the said Typist is working in a leave vacancy. W. A. No. 587/08

(2.) THIS appeal is treated as the main case for the purpose of referring to the exhibits. The appellant is the writ petitioner. She was appointed as L. D. Typist in Iqbal College, peringamala, by Ext. P1 order dated 03. 05. 1993 with effect from the said date, in a leave vacancy which arose on 01. 09. 1992 and was to expire on 31. 08. 1996. The said appointment was approved by the Deputy Director of Collegiate Education, by Ext. P2 order dated 25. 11. 1994. In the meantime, a vacancy arose in the cadre of L. D. Clerk on 01. 01. 1994 and another vacancy on 01. 06. 1994. The appellant filed a representation on 25. 07. 1994, claiming promotion to that post. The Principal forwarded her representation to the Director of Collegiate Education. The Director, by Ext. P5 communication dated 28. 7. 1994, informed the Principal that the L. D. Typists of private colleges can also be considered for promotion as L. D. Clerks. But, the Management, ignoring her claim, appointed respondents 5 and 6 as L. D. Clerks from the open market on 22. 12. 1994. In the meantime, one more vacancy of L. D. Clerk arose and the Management appointed the 7th respondent in that vacancy on 18. 3. 1995.

(3.) THE claim of L. D. Typists for appointment to the posts of L. D. Clerk is mainly founded on an executive order Ext. P3 dated 25. 09. 1991. But, in the meantime, the relevant statute of the Kerala University (Conditions of Service of Teachers and Members of Non-Teaching Staff) First Statutes, 1999 was amended by notification published in gazette dated 12. 3. 1995, by including the Lower Division Typists with SSLC and who have passed the clerical test conducted by the Public Service Commission, in the feeder category for promotion to the post of L. D. Clerk.