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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., J.
Abdul Jaleel K. S/o Moidutty – Petitioner
Versus
The Director of the Collegiate Education, Thiruvananthapuram – Respondent
W.P. (C) No. 7665 of 2021
Decided On : 04-03-2022
Calicut University First Statute 1979 -Chapter 3 Statute 41-Promotion- Order as confirmed by Ext.P10 order, the promotion of the petitioner, who was working as a mechanic in the Farook College, was rejected by the 1st respondent on the ground that as per Chapter 3 Statute 41 of the Calicut University First Statute 1979, the post of Mechanic is not a feeder category post for promotion to the post of LD clerk.
Finding of the Court:
Order as confirmed by Ext.P10 order, the promotion of the petitioner, who was working as a mechanic in the Farook College, was rejected by the 1st respondent on the ground that as per Chapter 3 Statute 41 of the Calicut University First Statute 1979, the post of Mechanic is not a feeder category post for promotion to the post of LD clerk.
Result: Writ petition allowed
JUDGMENT :
1. By Ext.P7 order as confirmed by Ext.P10 order, the promotion of the petitioner, who was working as a mechanic in the Farook College, was rejected by the 1st respondent on the ground that as per Chapter 3 Statute 41 of the Calicut University First Statute 1979, the post of Mechanic is not a feeder category post for promotion to the post of LD clerk. The above orders are under challenge in this writ petition.
2. Brief facts as borne out from the records and pleadings are as under:
3. While so, Exhibit P4 circular was issued by the 1st respondent on 24.11.2018 reiterating that persons with SSLC qualification and working in the post of Mechanic, Herbarium keeper, Lab/Library Assistant, Office Attendant, Gardener, Specimen collector, LD Computer Assistant are entitled to promotion as Clerk on completion of one year in the aforesaid post.
4. It is contended by the petitioner that Ext.P4 circular was issued by the 1st respondent taking note of Statute 41 in Chapter 3 of the Calicut University (Conditions of Service of the Teachers and Members of Non-Teaching Staff) First Statutes, 1979 which reads as follows:
Conditions of service of Members of Non-Teaching Staff
41. Qualification for appointment - The minimum qualifications for the various categories of non-teaching staff in Private Colleges (including Oriental Title Colleges) shall be as follows:
| 1. | Senior Superintendent | S.S.L.C. or equivalent Examination with a pass in the manual of office procedure and Account Test (Lower) conducted by the Public Service Commission. |
| 2. | Junior Superintendent | -do- |
| 3. | Head Accountant | -do- |
| 4. | Upper Division Clerk/Upper Division Accountant | -do- |
| 5. | Lower Division Clerks/Lower Division Store-Keepers/Lower Division Accountants | (a) S.S.L.C. or equivalent Examination with a pass in the Manual of Office Procedure for earning the third increment. The non-clerical staff i.e. the Lower Division Typists in Private Colleges who are matriculates and who are either in regular permanent service or have put in three years of service as on 31.3.1971 are eligible for appointment as Lower Division Clerks on the basis of their seniority subject to the condition that their continuance will be subject to the passing of competitive test conducted by the Public Service Commission. The Technical Staff like Library/Laboratory Assistants Gasman Specimen Collectors etc. having a lower scale of pay than the L.D. Clerks and who have five years of service with SSLC and have passed the clerical test conducted by the Kerala Public Service Commission may be promoted on the basis of seniority in the lower cadre. Qualified hands, if available, shall be given preference before recruiting person from outside. Provided that the non-clerical staff i.e. Library/Laboratory Assistants and Peons including Technical Staff like Gasman. Specimen Collectors etc., who are matriculates and who are either in regular permanent service or have put in 3 years of service as on 31.3.1971 are eligible for appointment in the order of their seniority as L.D. Clerks. Their continuance as L.D. Clerks shall, however, be subject to their passing in one of the four consecutive annual competitive tests conducted by the Kerala Public Service Commission for the low paid employees for appointment as clerks etc. after the commencement of these Statutes. Such of those who remain unqualified in the test even after the four consecutive chances shall be reverted to their original posts. In the case any person whose promotion has already bee |
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