K.M. Joseph, J.

1. The petitioner is the applicant before the Kerala Administrative Tribunal herein after referred to as a “Tribunal”. The petitioner was appointed as a Lower Division Clerk on 3.9.1994. His probation was declared on 3.9.1996. He was promoted as U.D clerk on 30.7.2002. The petitioner is a member of Scheduled Caste community. It is his case that being a member of the Scheduled Caste Community even though he had not passed the departmental tests till 30.5.2002, he was entitled to be temporarily promoted under Section 13A1(a) of KSSR. It is his further complaint that his juniors were promoted by proceedings dated 1.12.1999 (Annexure-A2 in the application). Respondents 4 and 5 were promoted thereunder. The 3rd respondent came to be promoted by Annexure-A3 dated 29.7.2000. The 3rd respondent is also a member of the Scheduled Caste. Respondents 3 to 5 are juniors of the petitioner in the cadre of LD Clerk. Annexure A4 is the State wise final seniority list. The petitioner represented against the denial of benefit of temporary exemption provided under Section 13A(1). Thereafter he was included in the revised final seniority list of UD Clerk/SVO for the period from 1.6.1996 to 31.12.2000 as rank No.2306 with the assigned date 11.11.1999. He was not satisfied with the said seniority. According to him respondents 3 to 5 were his juniors who were placed above him. Against Annexure-A6 seniority list in which he was shown at rank no.2306 with assigned date 11.11.1999, the petitioner filed Annexure-A8 representation. Thereafter there is reference to proceedings in the High Court directing revision of provisional lists. He would state that in Annexure-A9 provisional seniority list his position was shown correctly. Applicant was in Annexure-A9 shown as serial No.7152 which was done according to him after granting benefit of Rule 13A1(a), respondents 3 to 5 were shown as assigned rank Nos. 7154, 7156 and 7161. But it is a case of the petitioner that in the final seniority list published as Annexure-A10 respondents 3 to 5 had been given rank No.7051, 7053 and 7057 whereas the petitioner is given rank No.9449. The applicant/petitioner filed appeal under Rule 27B before the Government (Annexure-A11). The same was rejected by Annexure-A12. He filed Annexure-A13 representation and that is rejected by Annexure-A14. It is in the said circumstances the petitioner filed the Original Application before the Tribunal seeking the following reliefs:

i) To call for the records leading to Annexure-A12 and A14 and quash the same;

ii) To declare that applicant is entitled for temporary exemption under Rule 13A(1)(a) when Annexure A2 proceedings was issued by 2nd respondent.

iii) To issue a direction to the 1st respondent to place the applicant in-between rank number 7050 and 7051 in Annexure-10 final seniority list of UDC/SVO.

iv) To issue a direction to the 2nd respondent to promote the applicant to the post of Head Clerk and Deputy Tahsildar notionally with effect from the date of his immediate juniors was promoted.

v) To issue such other orders or directions as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.

2. The Tribunal dismissed the application and took the following view.

We notice that that large number of vacancies in Upper Division cadre became available on 1.11.1998 as a result of the orders of the Government. The applicant does not have a case that the third respondent who is a member of the Scheduled Caste did not clear the tests within three years of her notional date of promotion, 1.11.1998. The claim of an incumbent for promotion has to be considered with reference to the date of occurrence of the vacancy or when the turn of the incumbent arose. For various reasons, the actual order or promotion will be passed only later. Passing of such an order belatedly cannot adversely affect or be advantageous to be incumbents concerned. Their claims have to be considered with reference to the date when th