P S ALPHONSA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who retired on 31.1.2015 while working as Assistant Editor Gr.I under the 2nd respondent State Institute of Encyclopedic Institutions (Kerala), is aggrieved by the reassignment of her seniority and consequential reversion subsequent to her retirement.

(2.) Pursuant to a notification Ext.P27 (produced along with the reply affidavit of the petitioner) issued on 15.7.1983, by the 2nd respondent inviting applications for appointment to various posts including Editorial Assistants in the scale of pay of Rs.570-1070, petitioner submitted her application for appointment as Editorial Assistant. 9 vacancies were notified in the subjects Physics, Botany/Agriculture, Politics/Archaeology, Malayalam, English/Sanskrit/Hind/Linguistics, Folklore/Music/Sports/Fine Arts, Arabic/Persian/Urdu/Swahili, French/German /Russian, Chinese/Swanish/Italian. The qualification prescribed was:- essential : Post Graduate degree with Ist or IInd class in concerned subject and proficiency in Malayalam. Desirable qualifications were : (1) 2 years experience in Editorial or Research work and (2) publications of appreciable standard. After written test and interview, a rank list was published in which petitioner was ranked No.1. Thereafter, the petitioner along with 9 others were appointed as per order dt.16.03.1985 and she joined duty on 22.3.1985. The petitioner claims that since promotions were not effected under the 2nd respondent even after the successful completion of probation of the incumbents despite availability of vacancies in the post of Sub Editor Gr.II, the Government issued Ext.P4 order on 07.11.1991 requesting the 3rd respondent/Director of the Institute to place the matter regarding the promotion of Editorial Assistants in the next meeting of the governing body for a decision. It was stated that it was not fair to delay further any promotion due to the 3 Editorial Assistants of the General Encyclopaedia wing as they have unanimously submitted that they did not have any disputes among them and they have agreed to the seniority fixed based on the original rank list, especially when the higher posts were lying vacant.

(3.) Thereafter, the 3rd respondent issued Ext.P5 order on 01.12.1992, promoting the petitioner and the 6th respondent as Sub Editors Gr.II provisionally against the existing vacancies, subject to ratification by the governing body and subject to the result of O.P.No.3612/1991. Thereafter Ext.P6 order was issued on 21.1.1993, on the basis of another letter on the same date from the Government promoting respondents 4, and 5 against the existing vacancies of Sub Editors Gr.II provisionally. Along with them one M.J.Molly, another Editorial Assistant was also promoted as Sub Editor Gr.II provisionally against vacancy which arose on deputation of a Sub Editor. This order was also subject to the result of O.P.No.3612/1991.