A reference assistant challenged his non-promotion to Assistant Librarian. The High Court held the appointment must be by direct recruitment under the University Act, dismissing the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 17TH DAY OF NOVEMBER 2021 / 26TH KARTHIKA, 1943
WP(C) NO. 9261 OF 2014
PETITIONER:
M. JAYAPRADEEP REFRENCE ASSISTANT (HIGHER GRADE), KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES, PANANGAD P.O., RESIDING AT PRAKASAMANDIRAM, ERAMALLOOR, CHERTHALA, ALAPPUZHA.
BY ADV SRI.P.V.JAYACHANDRAN
RESPONDENTS:
1 THE KERALA UNIVERSITY OF FISHERIES & OCEAN STUDIES PANANGAD P.O., ERNAKULAM, REPRESENTED BY ITS REGISTRAR - 682 506.
2 THE REGISTRAR KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY P.O., VELLANIKKARA, THRISSUR – 680654.
BY ADVS. SRI.MILLU DANDAPANI, SC, KUFOS SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Order dated 19.02.2014 (Ext.P9) informing the petitioner that there is no provision for promoting a Reference Assistant to Assistant Librarian has been challenged in the present writ petition.
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was the senior most candidate eligible for promotion to the post of Assistant Librarian. At the relevant point of time, petitioner though was not having the Ph.D or M.Phil for promotion to the
UGC grade but could have been promoted to the vacancy of Assistant Librarian in the non UGC grade (State Scale). Subsequently, as averred, on 8.11.2008 required the M.Phil. With effect from 2010, 2006 UGC Scheme was implemented in Kerala Agricultural University. But, in the meantime, Kerala University of Fisheries and Ocean Studies Act, 2010 was enacted and Fisheries Colleges bifurcated from the Kerala Agricultural University. Petitioner opted the service under the Kerala University of Fisheries and Ocean Studies with effect from 01.04.2011, was inducted as Reference Assistant Higher Grade though was liable to be inducted as Assistant Librarian. Petitioner made representations dated 28.05.2012 and 11.4.2013 before the 1st respondent – the Kerala University of Fisheries and Ocean Studies for rectifying the anomaly of senior and junior as the junior person was drawing higher salary than that of petitioner. No response was received on the basis of the aforementioned request and the information sought entailed into communication
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dated 19.02.2014 (Ext.P9) regarding no provision of promotion to the post of Assistant Librarian from feeder cadre of Reference Assistant. It is submitted that the aforementioned action is wholly
erroneous and illegal in as much as that the petitioner was qualified under the UGC Scheme and the 1st respondent ought to have been inducted the petitioner on bifurcation to the post of Assistant Librarian with effect from 01.04.2011 as he fulfilled all the qualifications and when the writ petition was filed, was about to retire on 30.11.2014.
Agricultural University to Kerala University of Fisheries and Ocean Studies was effected. In the notification, it was also stipulated that every person employed with erstwhile Kerala Agricultural
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University shall become an employee of the University with effect from that date. At the time of transfer petitioner was holding the post of Reference Assistant Grade-I, after getting the 2nd promotion in the parent University. There were 90 permanent posts in the 1st respondent University and this includes 1 post of Assistant Librarian which had already been filled. There is no such vacant post and as per relevant Statute, the appointment to the post of Assistant Librarian can be done only through recruitment and not through promotion, that the petitioner had no right for claiming the promotion to the post of Assistant Librarian.
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01.04.2011 on the basis of the disaffiliation of the Kerala Agricultural University and establishment of Kerala University of Fisheries and Oceans Sciences is not sustainable. Communication Ext.P9 would not suffer from any illegality or travesty.
No ground for interference is made out. This writ petition is accordingly dismissed.
Sd/AMIT RAWAL JUDGE
nak
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APPENDIX OF WP(C) 9261/2014
PETITIONER EXHIBITS
| EXHIBIT-P1- | TRUE COPY OF THE LETTER NO. F3-1/94 (PS) DATED 22/09/2006. |
|---|---|
| EXHIBIT-P2- | TRUE COPY OF THE PROCEEDINGS NO. GA/J3/6141/06 DTED 27/01/2010. |
| EXHIBIT-P3- | TRUE COPY OF THE REQUEST DATED 19/02/2010 |
| EXHIBIT-P4- | TRUE COPY OF THE PAY SLIP NO. KUFOS/FIN/3/TE/188/2011-12 DATED 30/06/2012. |
| EXHIBIT-P5- | TRUE COPY OF THE PAY SLIP NO.ESA5/3592/II-111/09-10 DATED 02/10/2011. |
| EXHIBIT-P6- | TRUE COPY OF THE SUBMISSION DATED 28/05/2012. |
| EXHIBIT-P7- | TRUE COPY OF THE LETTER NO. GA1/2207/12 DATED 17/04/2013. |
| EXHIBIT-P8- | TRUE COPY OF THE SUBMISSION DATED 27/01/2014. |
| EXHIBIT-P9- | TRUE COPY OF THE LETTER NO. GA2/551/2014 DATED 19/02/2014. |
3 issues framed by the court
Whether a reference assistant can be promoted to the post of Assistant Librarian based on seniority when the appointing authority claims the post must be filled through direct recruitment.
Whether the petitioner is entitled to promotion to Assistant Librarian with effect from the date of bifurcation of the university.
Whether the communication declining promotion suffers from any illegality or travesty of justice.
1 provisions across 1 enactments
M. Jayapradeep
The Kerala University of Fisheries & Ocean Studies
The Registrar Kerala Agricultural University
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
