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AMIT RAWAL, C. S. SUDHA
Vinod V. S/o K. Viswambharan – Appellant
Versus
University of Kerala Represented by its Registrar – Respondent
JUDGMENT :
C.S. SUDHA, J.
1. Is there any criteria to be satisfied/fulfilled by the ‘Assistants’ of the Kerala University for declaration of probation and for promotion to higher grades/posts? Is there any mandatory test to be passed or qualified by them for declaration of their probation and for being promoted to higher grades/posts? The appellants led by learned Senior counsel Sri. George Poonthottam and instructed by Adv. Navaneeth Krishnan A.L. answers the queries emphatically in the affirmative, whereas the party respondents, led by learned Senior Counsel Sri. Jaiju Babu and instructed by Adv. V. Madhusudhanan, with equal if not more vigour, in the negative. Let us examine the controversy involved.
2. These intra court appeals have been filed by the petitioners and the first respondent, University of Kerala, aggrieved by the common judgment dated 08/09/2020 disposing of W.P. (C) Nos.1366/2018; 5731/2018; 8866/2018; 9290/2018; 6297/2019; 4267/2020 and 4755/2019. The petitioner in W.P. (C) No. 27317/2023 support the case of the appellants in the writ appeals. The facts and the dispute/issue involved in all the appeals are the same and hence they are being disposed of together. The
Promotional seniority must align with established qualifications and completion of probation as per applicable statutes.
Except in the case of appointment to the posts of Head of Department no member of a service or class of a service shall be eligible for promotion from category in which he was appointed to service un....
The distinction between 'appointment' and 'promotion' is crucial, allowing for different legal interpretations and applications of rules regarding suitability tests.
Promotions in public service must be based on the qualifications of candidates at the time of vacancy occurrence, and not on the timing of appointments or subsequent qualifications of other candidate....
Promotions in public service must be determined based on the qualifications and eligibility of candidates at the time of vacancy occurrence, not the date of appointment, ensuring that qualified candi....
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
Post bifurcation, the regulations governing promotions and seniority lists are determined by the newly established university's rules, not by previous regulations of the parent university.
Petitioner having been appointed under Section 7(5) of the Act, only the Government will have powers to determine such appointment, transfer and the norms thereof.
In case of disputes regarding seniority and matters connected with it by reason of any order of Government or any order of an authority subordinate to Government, representations for reconsideration ....
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