K. Joseph vs State of Kerala and Others

T.R. Ramachandran Nair, J.—The Petitioner is before this Court aggrieved by the denial of Higher Grade benefits in the post of Librarian Grade-IV. The contention raised is based on Ext.P1 Government Order wherein it is specified that for granting the benefits of time bound grade promotion, appointment by transfer will also be reckoned.

As far as the Petitioner is concerned, he initially started his career as Last Grade Servant on 02.07.1984 in the 5th Respondent college. He had obtained promotion as Laboratory Assistant with effect from 02.06.1986 and also obtained higher grade in the said post. He was again promoted as L.D.Clerk with effect from 10.08.1999. On acquisition of higher qualification, he was promoted as Librarian Grade-IV.

According to the Petitioner, going by G.O.(P) No. 129/2003/H.Edn dated 26.08.2003, 50% of the substantive vacancies to Librarian Grade-IV shall be filled up by appointment by transfer and the remaining 50% by direct recruitment.

The crucial question herein is whether the Petitioner has obtained an appointment by transfer from the post of L.D.Clerk or it is only a promotion. The relevant provisions under the Statute 66 of Calicut University Statutes 1979 as extracted in paragraph 6 of the counter affidavit show that "the vacancies in the higher grade shall be filled up by promotion from the next lower categories, if qualified persons are available, according to seniority in the case of non selection post and according to merit and seniority in the selection post". It is averred in paragraph 6 itself that as per the said Statute, the appointment in the Higher Grade is by promotion.

The Petitioner was actually promoted as Librarian Grade-IV from the post of L.D.Clerk and not on by transfer as the University Statute specifically provides for promotion from the lower category to higher category which is clear from Ext.P2 letter from the Principal. It is also mentioned that even going by the pleadings of the Petitioner, the appointment to the post of Librarian Grade-IV is by promotion.

Evidently, the benefit of Ext.P1 is allowable only in the case of by transfer appointment and as far as the Petitioner is concerned, he was promoted from the post of L.D.Clerk to the post of Librarian Grade-IV. Therefore, the Petitioner is not entitled to succeed in the writ petition and the prayer sought for cannot be granted.

This writ petition is hence dismissed.