Balakrishnan Nair, J.

The point that arises for decision in this appeal is whether a punishment of barring of two increments can be a disqualification for promotion under the Kerala Education Rules (for short, KER). The appellant is the writ petitioner. The brief facts of the case are the following :

2. The appellant is working as a Full Time Menial in the 4th respondent's school. He was appointed to that post on 01.02.1991. His appointment was approved and he was continuing in that post since then. While so, a vacancy in the post of Clerk arose in the school on 01.04.2000. A Peon by name C.G.Jayadas, who has got continuous approved service in that post since 02.12.1991, was the rightful claimant to that vacancy. It is common ground that the said Jayadas has relinquished his claim for promotion to the post of Clerk on 22.05.2004. The appellant is the next person to be considered for promotion to the said vacancy of Clerk. In the meantime, disciplinary proceedings were initiated against the appellant on the allegation of insubordination and he was suspended from service on 21.12.2000. The Assistant Educational Officer enquired into the charges leveled against the appellan