Ext.P14 order of the first respondent is under challenge in this writ petition. The matter relates to the claim of the petitioner for promotion to the post of Sub Group Officer Grade II/Lower Division Clerk in the service of the Travancore Devaswom Board (hereinafter referred to as 'the Board' for short). The petitioner also seeks directions to the respondents to promote him as Sub Group Officer Grade II/Lower Division Clerk.
2. The petitioner entered the service of the Board on 30.03.2000 as a part time 'Santhi'. On 02.08.2000, he met with an accident and as he was unable to perform the duties of 'Santhi', he was given a category change as 'Peon' in the Establishment Wing of the Board by the second respondent, as per Ext.P13 order.
3. It is not disputed that for promotion to the post of Sub Group Officer Grade II/Lower Division Clerk, a quota was prescribed for the low paid employees of the Establishment Wing of the Board. The rule prescribing the said quota has undergone a change as per Ext.P4 notification, with effect from 1.4.2007. According to the petitioner, he was eligible to be considered for promotion in one of the vacancies arose prior to the amendment of the rules. The petitioner had earlier filed W.P.(C) No.32588 of 2006 along with three others, claiming promotion to the aforesaid post in accordance with the unamended rules and pursuant to the direction issued by this Court in the said case, the case of the petitioners therein was examined by the second respondent. Ext.P8 is the order issued by the second respondent as directed by this Court in W.P.(C) No.32588 of 2006. In Ext.P8, as far as the first three petitioners in the said case are concerned, it was categorically found that they were eligible to be promoted in accordance with the unamended rules. However, as regards the petitioner, it is stated in Ext.P8 that the petitioner was promoted to the post of Peon in the year 2001 and therefore, his case can be considered only based on his seniority. Ext.P8 order was challenged by the petitioner in Ext.P9 appeal before the Board and Ext.P14 is the decision taken by the Board in the said appeal. In Ext.P14 also, it is reiterated that since the petitioner had obtained a promotion to the post of Peon in the year 2001, he cannot be considered for promotion to the post of Sub Group Officer Grade-II/Lower Division Clerk in accordance with the unamended rules.
4. I heard Sri.Subhash Chand, the learned counsel for the petitioner and Sri.M.V.S Nampoothiri, the learned Standing Counsel for the respondents.
5. The learned counsel for the petitioner submitted that like the first three petitioners in W.P.(C) No. 32588/2006, the petitioner was also eligible to be considered for promotion to the post of Sub Group Officer Grade-II/Lower Division Clerk in one of the vacancies arose prior to the amendment of the rules and that he was denied promotion solely on the ground that he was once promoted as Peon.
6. Ext.P13 is the order issued by the second respondent by which the petitioner had been given category change. Ext.P13 order was issued pursuant to Ext.P12 proceedings of the Board. Ext.P12 proceedings of the Board indicates that the petitioner was given a category change as Peon on humanitarian grounds as he was unable to perform the duties of Santhi on account of the injuries sustained by him in the accident. Ext.P12 proceedings and P13 order do not indicate that the petitioner has been given any promotion. The said category change given to the petitioner, in the circumstances, cannot stand in the way of the petitioner claiming his eligible promotions in accordance with the unamended rules.
7. In the aforesaid circumstances, P14 order is quashed and the second respondent is directed to consider the claim of the petitioner for promotion to the post of Sub Group Officer Grade-II/Lower Division Clerk in accordance with the unamended rules in one of the vacancies arose prior to the amendment of the rules. Needless to say that if it is found that the petitioner was eligible to be promoted in anyone of the vacancies occurred prior to the amendment in accordance with the unamended rules, he shall be given promotion to the post of Sub Group Officer Grade-II/Lower Division Clerk, with effect from the date on which his immediate junior was given promotion to the said category. This shall be done within three months from the date of receipt of a copy of this judgment.
The writ petition is allowed as above.
lsn Sd/-P.B.SURESH KUMAR, Judge