M.K.SEKHARAN Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The appellants herein are retired employees of the Kerala State Road Transport Corporation (K.S.R.T.C), who claimed temporary promotion with effect from the date on which their respective juniors were promoted; in accordance with Rule 13A of the Kerala State and Subordinate Service Rules (KS & SSR). They also seek regular promotion in the year 2015, when they came within the zone of consideration, which was declined to them for reason of they having not passed the Manual of Office Procedure (MOP) test and K.S.R.T.C Manual test. The claim is anchored upon Rule 13B of the KS & SSR and the exemption from obligatory tests provided there under.

(2.) The learned Single Judge found that the petitioners at the time of promotion of their juniors in the year 2015 did not posses one or either of the qualifications as prescribed in the Special Rules. The learned Single Judge also negatived the claim for exemption from compulsory departmental test made under Rule 13B of the KS and SSR, on the ground that the rule itself provided that there could be no exemption provided for a test prescribed as qualification in the Special Rules for promotion or appointment as full member of a service.

(3.) The employees are in appeal. On facts, it has to be noticed that all the petitioners joined the K.S.R.T.C as Conductors and were promoted as Inspectors during the year 2008 and 2010. The next promotion post is that of Assistant Transport Officer (ATO), in which 60% of the available vacancies are to be filled by promotion of Inspectors, 25% by direct recruitment and 15% by internal recruitment. The first and third petitioners were retired from service on 31.05.2015 and the second petitioner on 31.12.2015. The Departmental Promotion Committee (DPC) meeting, which considered the suitability of a list of employees and officers, published as per Circular dated 26.03.2015, declined promotions to the petitioners for reason of their not possessing the compulsory test qualification.