STATE OF KERALA Vs. R SEETHALEKSHMI AMMA

JUDGEMENT

(1.) The writ appeals are against the judgment of the learned Single Judge, which directed regularisation of the writ petitioners with all benefits in the posts in which they were continuing. It was also directed that the pensionary and other benefits due to the petitioners also has to be calculated on the basis of the posts they were occupying at the time of retirement. The entire controversy is with respect to the promotion of Last Grade Servants to the post of Laboratory/Library Assistants.

(2.) The qualification for promotion to the post of Laboratory/Library Assistants is available under Statute 41(12) of the Kerala University [Conditions of Service of Teachers and Non-teaching Staff] First Statutes, 1979, which has been extracted by the learned Single Judge. We need only notice that the promotion could be made by-transfer from the Last Grade Staff and specimen collectors employed in the Private Colleges, who have either pass in Standard-VII or equivalent or five years' regular service under Private Colleges and a pass in Attender's Test conducted by the Kerala Public Service Commission [KPSC]. There was a proviso to the Statute, which provided that even those who did not possess Attender's Test qualification would be entitled for appointment in the order of seniority as Laboratory Assistants or Library Assistants, but subject to their passing the Attender's test conducted by the KPSC in one of the five consecutive tests conducted by the PSC. We would have thought that the test was conducted regularly, but however it is otherwise. Hence a situation arose, where many persons, who were promoted, retired before five chances were afforded to them. We were also not clear about the tests conducted and the dates in which such tests were conducted. We directed the KPSC to file an affidavit, which is on record, which clearly shows the number of tests conducted from 1983 to 2019, which are as follows: <FRM>JUDGEMENT_89_LAWS(KER)8_2019_1.html</FRM>

(3.) Sri.Dayanandan, the learned Counsel appearing for some of the writ petitioners, has various contentions, which we would notice and consider in seriatim.