Petitioner aggrieved by draft seniority list excluding claim for retrospective promotion. Court disposed petition directing third respondent to consider objection and decide within three weeks.
Directing third respondent to consider petitioner's objection to draft seniority list and take a decision within three weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 1ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944
WP(C) NO. 10596 OF 2022
PETITIONER/S:
K.MAHADEVAN,
AGED 56 YEARS
S/O.KRISHNAN, VYASA-209, VALIYACHALA STREET,
THIRUVANANTHAPURAM-695 036.
BY ADVS.
SHABU SREEDHARAN
JINSON OUSEPH
CHITRA VIJAYAN
SHYAM KUMAR M.P
JOLLY GEORGE
RESPONDENT/S:
1 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QARTERS, NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003.2 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QARTERS, NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003.3 CHIEF ENGINEER (GENERAL), TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QARTERS, NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003. BY ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARDTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10596 OF 2022
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JUDGMENT Dated this the 1st day of April, 2022
The petitioner is working as Assistant Engineer/Estate Division Officer in the Travancore Devaswom Board. The petitioner was promoted to the present post from the post of First Grade Overseer. According to the petitioner, being a diploma holder, he was eligible to be promoted as First Grade Overseer in the year 1991 itself, since vacancies were available in that point of time. It is submitted that as per Ext.P2, 6% of the cadre strength of Assistant Engineers in the Board is reserved for in-service candidates in the category of First Grade Overseer. Being a diploma holder with effect from 30.04.1991, the petitioner was eligible for promotion as Assistant Engineer from that date onwards. The petitioner is aggrieved by Ext.P8 draft seniority list prepared, without considering his claim for retrospective promotion.
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WP(C) NO. 10596 OF 2022
filed Ext.P9 objection to the draft seniority list before the Chief Engineer (General), along with relevant documents of proof. The petitioner having resorted to the remedy, provided in Ext.P8 itself, the respondents are bound to consider his objection.
The writ petition is hence disposed of, directing the third respondent to consider petitioner's objection and take a decision thereon within three weeks of receipt of a copy of this judgment. The third respondent shall thereupon place the decision before the first respondent Board for appropriate action.
Sd/V.G.ARUN JUDGE
RK
WP(C) NO. 10596 OF 2022
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APPENDIX OF WP(C) 10596/2022
PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE ROC
NO.2676/70/EST. DATED 11.01.1972 ISSUED
BY THE TRAVANCODE DEVASWOM BOARD.
Exhibit P2THE TRUE COPY OF THE SPECIAL RULE
NOTIFIED VIDE GO(MS) 1390 DATED
20.11.1958.
Exhibit P3THE TRUE COPY OF THE GO(P) 276/72/PW
DATED 16.11.1972 WHICH AMENDED THE
SPECIAL RULES.
Exhibit P4THE TRUE COPY OF THE JUDGMENT DATED
10.03.2003 IN OP NO.27971/2002 OF THIS
HON'BLE COURT.
Exhibit P5THE TRUE COPY OF THE JUDGMENT DATED
04.01.2020 IN WPC 29128/2020 OF THIS
HON'BLE COURT.
Exhibit P6THE TRUE COPY OF THE ORDER IN IA ROC
696/20/EST-1 DATED 23.07.2021 ISSUED BY
THE 1ST RESPONDENT.
Exhibit P7THE TRUE COPY OF THE ORDER IN NO.ROC
696/20/EST-`1 DATED 12.11.2021 ISSUED
BY THE 1ST RESPONDENT.
Exhibit P8THE TRUE COPY OF THE DRAFT NOTIFICATION
OF SENIORITY IN NO.CE(G)/ESTT-II/C-
01/2022 DATED 03.03.2022 ISSUED BY THE
3RD RESPONDENT.
Exhibit P9THE TRUE COPY OF THE WRITTEN OBJECTION
DATED 05.03.2022 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
WITH COPIES TO THE 1ST AND 2ND
RESPONDENTS.
2 issues framed by the court
Whether the petitioner is entitled to consider his objection to the draft seniority list regarding retrospective promotion eligibility.
Whether the respondent is bound to consider the petitioner's objection filed under the relevant rules.
2 provisions across 2 enactments
K.Mahadevan
The Travancore Devaswom Board
The Devaswom Commissioner
Chief Engineer (General), Travancore Devaswom Board
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court