IMPORTANT POINTS:
Determining seniority is Rule 35 of the service rules which is more or less similar to rule 27(a) of KS&SSR, by Rule 8, provisions in Rule 23(d) of KSR is also liable to be considered, in cases where there is no change of duty and promotion itself is on the basis of seniority as per the recruitment rules and when there is a ratio of 1:1. Rule 23(d) will apply in the case of the party respondents according to which the promotion itself takes effect from the date on which they became eligible. When there is a statutory rule which provides for retrospective effect for promotion, their seniority shall be determined in tune with that rule-Rule 23(d), which has to be read with Rule 8 or 35, as the case may be, of the service rules.

The petitioners in WP(C) No.20175 of 2015 are Computer Programmer cum Operators working in the Kerala State Beverages (Manufacturing & Marketing) Corporation (herein after referred to as “the Corporation”). The petitioners in W.P.(C) No.931 are Assistants working in the Corporation. The issue raised in these cases are regarding the promotion to the post of Assistant Manager.

WP(C) No.20175 of 2015

2. As per Ext.P4 Recruitment Rules of the Corporation, which provides for the method of appointment and qualification for appointment to various posts in the Corporation, Computer Programmer cum Operators as well as Assistants Grade I are eligible for promotion as Assistant Manager. Appointment to the post of Assistant Manger which is category No.10 is made by promotion from Assistant Grade I/Computer Programmer cum Operator. No ratio is provided in the rules for promotion. The qualification prescribed for promotion as Assistant Manager is: first class M.Com/MBA/inter ICWA/inter CI/holding successful pass in training conducted by IMG. In the absence of qualified hands for promotion direct recruitment can be made. The post of Computer Programmer cum Operator coming under category No.11 is interchangeable with the post of Assistant Grade I in category no.12. Appointment to the post of Computer Programmer cum Operator as well as to the post of Assistant Grade I can be made by promotion from Assistant Grade II. Assistant Grade I can be appointed as Computer Programmer cum Operator by transfer. Both the posts are interchangeable. The petitioners were directly recruited to the post of Computer Programmer cum Operator through Kerala Public Service Commission (“the PSC” for short) and all of them were appointed on the basis of advice by the PSC and they joined on various dates in April 2013. Their probation was declared as per Exts.P2 and P3 issued on 31.10.2014 and 20.01.2015 with effect from various dates in April 2014 (except Smt. Sindhu.S whose probation was declared on 24.9.2014) on completion of one year probation.

3. Respondents 3 to 256 are Assistant Grade I who were initially appointed as Assistant Grade II through the PSC. All of them got promotion as Assistant Grade I in July 2013.

4. Seeing that the petitioners were not being sent for training to IMG, while the party respondents who were promoted as Assistant Grade-I only subsequent to the declaration of probation of the petitioners, were being deputed, petitioners started submitting representations pointing out that they are entitled to be promoted as Assistant Managers in preference to the party respondents. As per Ext.P6 order dated 11.07.2013 the Corporation had granted promotion to 107 Assistant Grade II provisionally to the post of Assistant Grade I. Petitioners claim that even though those promotions were granted with retrospective effect from 12.12.2012, 16.01.2013, 14.02.2013, etc. seniority of Assistant Grade II as well as Computer Programmer cum Operator under the Corporation can be determined only on the basis of the date of order of their appointment. Corporation had granted promotion to another set of 77 Assistant Grade II as Assistant Grade I as per Ext.P7 order dated 16.01.2014 with effect from various dates in March 2013. Seeing this petitioners submitted representation Ext.P8 dated 24.04.2014 requesting to grant them promotion as Assistant Managers claiming that they were the senior most as promotion was granted to the first batch of Assistant Grade II only in July 2013, subsequent to their appointment. Promotions of Assistant Grade II as Assistant Grade I continued even thereafter. Petitioners submitted Ext.P9 representation dated 19.05.2014 requesting the 1st respondent to depute them for training conducted by the IMG so as to get themselves equipped for promotion as Assistant Manager. Promotions of Assistant Grade II continued as per Ext.P10 order dated 11.11.2014 and the Assistant Grade I were being deputed for training as per Ext.P11.

5. Petitioners su