George T vs The University Of Kerala
2021 Latest Caselaw 14033 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                        WP(C) NO. 1778 OF 2021
PETITIONER:

          GEORGE T
          AGED 49 YEARS
          S/O LATE THOMAS, 1 GRADE ELECTRICIAN,
          UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM,
          RESIDING AT MORNING STAR, VADDIYIL THOPPE,
          NEAR B.P.C.L. MEENAMKULAM, KAZHAKUTTOM,
          THIRUVANANTHAPURAM-695 582.

          BY ADV B.MOHANLAL



RESPONDENTS:

    1     THE UNIVERSITY OF KERALA
          REPRESENTED BY ITS REGISTRAR, PALAYAM,
          THIRUVANANTHAPURAM-695 033.

    2     THE VICE CHANCELLOOR,
          UNIVERSITY OF KERALA, PALAYAM,
          THIRUVANANTHAPURAM-695 033.

    3     THE REGISTRAR,
          UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
          KARIAVATTOM P.O.,
          THIRUVANANTHAPURAM-679 325.

    4     THE UNIVERSITY ENGINEER,
          UNIVERSITY ENGINEERING UNIT, KARIAVATTOM CAMPUS,
          THIRUVANANTHAPURAM-679 325.

          BY ADV SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1778 OF 2021
                                 2


                             JUDGMENT

By challenging Ext.P17 dated 10.02.2017 seeking

promotion to the post of Assistant Engineer (Electrical) or

Overseer II Grade (Electrical) in view of Exts.P18, P23 and P24

petitioner has knocked the door of this Court under Article 226

of the Constitution of India.

2. At the time of filing of the writ petition petitioner was

working as Ist Grade Electrician under the University of Kerala.

Petitioner passed S.S.L.C and studied for the Trade Test of

Electrician for the period from August 1988 to July 1990 as

evidenced from Ext.P1. After qualifying the National Trade

Certificate, had also, undergone practical training and

apprenticeship of one year. On 21.05.2001 was appointed to

the post of Line Helper in electrical section. On 12.05.2003

respondents promoted the petitioner to the post of Grade II

Electrician and again promoted to the post of Ist Grade

Electrician during the month of May, 2020.

3. Learned counsel appearing on behalf of the WP(C) NO. 1778 OF 2021

petitioner submitted that there are no disciplinary proceedings

initiated against the petitioner nor any adverse entry made in

his past service. Many Assistant Engineers/Overseers working

under the Electrical Section of the respondents superannuated

from service during 2006, petitioner was given charge of the

Electrical Section of the University. Vacancy of Grade II

Overseer in Electrical Section of the University fall vacant

during 2006, petitioner continued to hold charge of the post

and submitted an application on 22.03.2006 for appointment

to the post of Grade II Overseer vide Ext.P3. As per the

provisions of Kerala University First Statutes, 1978,

qualification for the post of Assistant Engineer (Electrical) in

the Engineering Unit is prescribed for the corresponding

officers in Government Public Works Department thus, the post

of Grade II Overseer Electrical in the Engineering Unit was

required to be filled up through recruitment based on merit by

inviting applications through advertisement. Petitioner fulfilled

all the qualification, but despite, that no promotion was given.

Vide certificate dated 03.04.2007 (Ext.P8) University Engineer

certified that the petitioner had been working as Overseer on WP(C) NO. 1778 OF 2021

working arrangement and doing other works under the

Electrical wing of the University.

4. Qualification for promotion to the post of Assistant

Engineer as per Ext.P7 Special Rule, is, S.S.L.C or equivalent

and certificate in Electrical Engineering after undergoing a

course of 2 years in an Institution recognized by the

Government and a total service of 10 years of which 2 years

should be in Ist Grade, being, sine qua non. Despite the

petitioner having fully qualified aspired to get promotion to the

post of Assistant Engineer, request of promotion submitted

earlier and again in 2013, had not been considered and many

reminders in this regard were also submitted. As per the

information obtained under the RTI Act proposal was pending

for amendment of promotion to the post of Overseer Grade II

from Electrician.

5. As per the averments in the statement filed by the

respondents the post of Assistant Engineer Electrical was

sanctioned as per Government Order dated 11.02.2020 by

abolishing the post of Overseer Grade I. Now the petitioner is WP(C) NO. 1778 OF 2021

eligible for appointment as Assistant Engineer.

6. On the contrary, it has been contended by the

learned counsel for the respondents that petitioner is currently

working as Electrician Grade I. As per the Kerala University

First Ordinances, 1978, the next higher post in Electrical wing

is that of Overseer Grade II in which the mode of appointment

is prescribed as 'by recruitment based on merit by inviting

applications by advertising in the press'. As per the G.O. dated

11.02.2020 the next promotion post of Overseer Grade I was

abolished and sanctioned the post of Assistant Engineer

(Electrical). The qualification to the post of Assistant Engineer

(Electrical) for direct recruitment is a Degree in Electrical

Engineering. Though petitioner fulfills the qualification but has

not rendered two years of service in Grade I as he was

promoted, according to the averments in the writ petition, only

on 01.05.2020.

7. I have heard the learned counsel for the parties and

appraised the paper book.

WP(C) NO. 1778 OF 2021

8. Ext.P7 is the extract of the Kerala Engineering

Subordinate (Electrical Branch) Rules where the method of

appointment for the category in question is prescribed, is

extracted, herein below:

Category Method of appointment Qualification

(i)Assistant 1. Direct recruitment Degree in Electrical Engineer Engineering of the Kerala University or other qualification recognised as equivalent thereto

2. Promotion (I) Degree in Electrical Engineering

or

(ii) Diploma in Electrical Engineering of the Kerala University or Qualification equivalent thereto with a total service of 3 years of which 2 years shall be as 1st Grade Overseer; or

(iii) Minimum Educational Qualification (S.S.L.C. or equivalent) and Certificate in Electrical Engineering after undergoing a course of two years in an institution recognised by Government and a total service of 10 years of which 2 years should be in First Grade.

WP(C) NO. 1778 OF 2021

9. For appointment as Assistant Engineer there are two

modes of appointment one through direct recruitment and

another through promotion where the candidates should have

Degree in Electrical Engineering or Diploma which is not

applicable in this case as the petitioner concededly has a

degree in Electrical Engineering. The next question to be

pondered is whether the petitioner fulfills the other conditions

ie., 2(iii) extracted above ie., total service of 10 years of which

two years should be in the Grade I. Concededly as per the

averments in the writ petition petitioner was promoted to the

post of Grade I Electrician during the month of May, 2020. The

relevant lines of paragraph 1 of the writ petition reads as

under:

"The petitioner duly qualified got appointment to the post of Line Helper in Electrical Section under the Respondents University on 21/05/2001 as per U.O.Adn.02697 dated 27/06/2001, the Respondents promoted the petitioner to the post of II Grade Electrician on 12/05/2003 thereafter the Respondents again promoted the petitioner to the post of I Grade Electrician during May 2020 the petitioner is continuing under the Respondents in the Electrical Section without any interruptions. So far no disciplinary proceedings initiated against the petitioner so also no adverse entry has made in his past service."

WP(C) NO. 1778 OF 2021

Thus the petitioner does not fulfill the condition of two

years of having rendered service of Grade I which would only

be over in May, 2022 and thereafter would be eligible for

promotion. Thus no case is made out for granting the relief

sought for. The writ petition is bereft of any merit, accordingly

dismissed.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 1778 OF 2021

APPENDIX OF WP(C) 1778/2021

PETITIONER ANNEXURE

EXHIBIT P1 THE TRUE COPY OF THE NATIONAL TRADE CERTIFICATE ISSUED BY THE STATE COUNCIL FOR VOCATIONAL TRAINING TO THE PETITIONER

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE DATED 15.10.1994 ISSUED BY THE EXECUTIVE ENGINEER, K.S.E.B KUNDARA TO THE PETITIONER

EXHIBIT P3 THE TRUE COPY OF THE APPLICATION DATED 22.3.2006 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P4 THE TRUE COPY OF THE OFFICE ORDER NO E1/8/06-07 DATED 12.5.2006 ISSUED BY THE UNIVERSITY ENGINEER, KARLAVATTOM TO THE PETITIONER

EXHIBIT P5 THE TRUE COPY OF THE ORDER NO AD D.11.1.3821/92 DATED 5.5.2006 ISSUED BY THE 1ST RESPONDENT TO THE UNIVERSITY ENGINEER.

EXHIBIT P6 THE TRUE COPY OF THE RELEVANT PAGES OF THE KERALA UNIVERSITY FIRST STATUTE 1978 FIXING QUALIFICATION TO THE POST OF 11 GRADE OVERSEER (ELECTRICAL) ISSUED BY THE RESPONDENTS

EXHIBIT P7 THE TRUE COPY OF THE RELEVANT PAGES OF THE KERALA ENGINEERING SUBORDINATE SERVICE (ELECTRICAL BRANCH)

EXHIBIT P8 THE TRUE COPY OF THE CERTIFICATE DATED 3.4.2007 ISSUED BY THE UNIVERSITY ENGINEER ATTACHED TO THE OFFICE OF THE RESPONDENTS TO THE PETITIONER

EXHIBIT P9 THE TRUE COPY OF THE APPLICATION DATED WP(C) NO. 1778 OF 2021

12.4.2007 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT AND FEE RECEIPT DATED 11.4.2007 FOR THE PAYMENT OF FEE TO THE UNIVERSITY

EXHIBIT P10 THE TRUE COPY OF THE ORDER NO AD D.11.1.1945/90 DATED 2.6.2009 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P11 THE TRUE COPY OF THE OFFICE ORDER NO AU/AD/KVTM/SER/09 DATED 14.9.2009 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P12 THE TRUE COPY OF THE ORDER DATED 22.12.2010 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P13 THE TRUE COPY OF THE APPLICATION DATED 28.5.2012 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT THROUGH PROPER CHANNEL

EXHIBIT P14 THE TRUE COPY OF THE ORDER DATED 30.5.2012 ISSUED BY THE 3RD RESPONDENT TO THE UNIVERSITY ENGINEER

EXHIBIT P15 THE TRUE COPY OF THE GRADATION LIST OF THE ELECTRICAL WING OF UNIVERSITY ENGINEERING UNIT PUBLISHED BY THE RESPONDENT S

EXHIBIT P16 THE TRUE COPY OF THE ORDER NO E1.ADMN/2013 DATED 4.12.2013 ISSUED BY THE UNIVERSITY ENGINEER TO THE 1ST RESPONDENT

EXHIBIT P17 THE TRUE COPY OF THE ORDER NO AD D.11.1/11892/02/2017 DATED 10.2.2017 ISSUED BY THE 1DST RESPONDENT TO THE PETITIONER

EXHIBIT P18 THE TRUE COPY OF THE ORDER NO AD B1/369/76 DATED 18.2.1977 ISSUED BY THE 1ST RESPONDENT WP(C) NO. 1778 OF 2021

EXHIBIT P19 THE TRUE COPY OF THE APPLICATION DATED 15.2.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P20 THE TRUE COPY OF THE ORDER NO 0553/RTI-

1/2019 DATED 18.10.2019 ISSUED BY THE INFORMATION OFFICER, RTI ACT TO THE PETITIONER

EXHIBIT P21 THE TRUE COPY OF THE REMINDER APPLICATION DATED 22.6.2020 SUBMITTED BY THE PETITIONER BEFORE THE PRO-VICE CHANCELLOR OF THE KERALA UNIVERSITY

EXHIBIT P22 THE TRUE COPY OF THE APPLICATION DATED 23.9.2020 SUBMITTED BY THE PETITIONER BEFORE THE PRO-VICE CHANCELLOR OF THE UNIVERSITY

EXHIBIT P23 THE TRUE COPY OF THE ORDER NO AD A1-3-

3430/96(20 DATED 5.6.1999 ISSUED BY THE MAHATMA GANDHI UNIVERSITY

EXHIBIT P24 THE TRUE COPY OF THE ORDER NO AD.A2/5588/78/AE(ELE) DATED 19.7.1995 ISSUED BY THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY