Point of Law: In matter of Rules of recruitment and methods of appointment, once post is identified, there cannot be any further delay in matter.

JUDGMENT :

Alexander Thomas, J.

The instant Original Petition is directed against the impugned Ext.P2 interim order dated 24.07.2023, rendered by the Kerala Administrative Tribunal in O.A.No. 1358/2023. The petitioner herein is the sole applicant in the O.A. The respondents herein are the respondents in the O.A.

2. The prayers in the instant Original Petition, O.P(KAT)No.330/2023, filed by the petitioner before this Court, are as follows (see page 13 of this paperbook):

i) To modify Exhibit. P2 interim order passed by the Hon'ble Kerala Administrative Tribunal, Thiruvananthapuram, by directing the 3rd respondent to consider the claim of the petitioner for further promotion to the post of Assistant Registrar of Cooperative Societies, by providing reservation for Persons with Disabilities.

ii) Grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.

iii) To dispense with the production of translation of vernacular documents;

3. The prayers in the instant Ext.P1 original application, O.A.No.1358/2023, filed by the petitioner before the Kerala Administrative Tribunal, Thiruvananthapuram Bench, are as follows (see pages 29 & 30 of this paperbook):

i) to issue a direction to respondents to promote the applicant to the post of Assistant Registrar to the existing vacancies by considering his reservation for promotion for persons with disabilities towards 3% of backlog vacancies as per Persons with Disabilities (Equal Opportunities, Protection of Right and Full Participation) Act, 1995 or in the 4% of existing vacancies as per Right of Persons with Disabilities Act, 2016;

ii)to Issue a direction to 1st respondent to consider and pass orders on Annexure A5 representation by promoting the applicant to the post of Assistant Registrar in the existing vacancies by considering his reservation for promotion for persons with disabilities.;

iii) to issue a direction to 2nd respondent to consider and pass orders on Annexure A4 and A5 representations by promoting the applicant to the post of Assistant Registrar in the existing vacancies by considering his reservation for promotion for persons with disabilities;

iv) and grand such other and further reliefs as this hon'ble Tribunal may deem fit and proper in the circumstances of the case including costs.

4. The interim prayer sought for by the petitioner in Ext.P1 O.A., is as follows (see page 30 of this paperbook):

“For the reasons stated in the statement of facts and grounds mentioned in paras above, it is humbly prayed that this Hon'ble Tribunal may be pleased to direct the 3rd respondent to consider the claim of the applicant for further promotion to the post of Assistant Registrar of Cooperative Societies, by providing reservation for persons with disabilities, pending disposal of the original application.”

5. The Tribunal has now passed the impugned Ext.P2 interim order dated 24.07.2023 in the above O.A., which reads as follows (see page 47 of this paperbook):

Admit.

Learned Government Pleader takes notice for respondents. Learned Government Pleader submits that on the basis of Annexure A6 in order to make promotion against the post identified in Annexure A6 order Special Rules have to be amended and the proceedings for the same have already started. Thereafter a seniority list of differently abled candidates, who are eligible for promotions has to be prepared and therefore some more time is required for the same. As the post of Assistant Registrar is notified there shall be a direction to the second respondent to place Annexure A4 before the DPC and to take decision in the light of Annexure A6. Post after three weeks.

6. According to the petitioner/applicant, he was earlier working as Special Grade Cooperative Inspector in the Office of the Registrar of Co-operative Societies, at the time of institution of the above O.A. Later, he was transferred and posted as Special Grade Auditor (which is stated to be equivalent to the post of Special Grade Co-operative Ins