Point of law : Denial of right of the applicant for such reassigned dates of promotion in the post of Associate Professor and Professor would amount to flagrant violation of the constitutional right to be considered for promotion in accordance with law as guaranteed in Article 16 of the Constitution of India and hence found that the contra conditions as made out in the impugned Anx.A7 is liable to be set aside.

JUDGMENT :

Alexander Thomas, J.

The prayers in the aforecaptioned original petition (Kerala Administrative Tribunal) filed under Articles 226 & 227 of the Constitution of India are as follows (see page Nos.11 & 12 of the paper book of this O.P.):-

“..............to set aside Exhibit P10 order dated 13.12.2019 in O.A. (E) No.1389/2018 on the file of the Honourable Kerala Administrative Tribunal, Additional Bench, Ernakulam by allowing this Original Petition.”

2. Heard Sri.B. Vinod, the learned Senior Government Pleader, appearing for the petitioners (State of Kerala and the Director of Medical Education) in the original petition/respondents 1 & 2 in the original application before the Tribunal, Sri.P.Nandakumar, the learned Advocate, appearing for the 1st respondent herein/the sole applicant in the original application before the Tribunal, and Sri. S.Vishnu Chempazhanthiyil, the learned Advocate appearing for the 3rd respondent herein/the 4th respondent in the original application. Though notice on the 2nd respondent herein/the 3rd respondent in the original application has been duly served on that party in this original petition, there is no appearance of that party.

3. The prayers in Ext.P1 amended original application, O.A. (Ekm) No.1389/2018, filed by the 1st respondent herein before the Tribunal are as follows (see page No.24 of this paper book):-

(i) To call for the records leading to Annexure A7 and quash the same.

(i) (a) To call for the records leading to Annexure A8 and quash the same to the extent it orders the applicant as the junior most Principal and directing to revert her to the post of Principal.

(ii) To direct the 1st respondent to reassign the date of promotion of the applicant to the post of Associate Professor w.e.f. 26.05.2004 and to the post of Professor w.e.f. 27.05.2004 and also consequential reassignment of promotion to the post of Principal.

(iii) To declare that the applicant is entitled for seniority above respondents 3 and 4 in the cadre of Professor and Principal.

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

4. The Tribunal, after hearing both sides, has rendered the impugned Ext.P10 final order dated 13.12.2019 in O.A. (Ekm) No.1389/2018 whereby it has been categorically held that the impugned rejection of the claim of the applicant in the O.A. in terms of paragraph No.3 of the impugned Anx.A7 order on the ground that promotion on the date of occurrence of the vacancy is not feasible or possible and can be effected only after preparation of the select list and its notification in the gazette as per the prerogatives of the Departmental Promotion Committee (DPC), etc. was held to be untenable, in the light of the statutory provisions contained in the KS & SSR Part-II and has held therein that in the facts and circumstances of the case the official respondents in the O.A. have gone wrong in that regard and has held that the applicant in the O.A. is entitled to secure promotion as on the date of occurrence of the vacancy to which she had a claim. (see paragraph No.27 on pages 21 & 22 of Ext.P10). It was also held and declared by the Tribunal in paragraph No.31 of Ext.P10 that the original applicant is eligible and entitled to be granted the reassignment of the date of promotion to the post of Associate Professor with effect from 26.05.2004 and to the post of Professor with effect from 27.05.2004 and for consequential reassignment of date of promotion to the post of Principal and the impugned order at Anx.A8 to the extent it had been directed to revert the applicant in the post of Principal allegedly to a junior post, has also been set aside. In that view of the mater the Tribunal has thus allowed the main plea of the applicant and had directed the competent authority of the State Government in the Health & Family Welfare Department to pass fresh orders in the light of the abovesaid findings rendered by he Tribunal and directe