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P. M. MANOJ
Binoj B. , S/O. K. Bhuvanendran – Appellant
Versus
Managing Director, Kerala Water Authority – Respondent
JUDGMENT :
P.M.Manoj, J.
The writ petition is preferred being aggrieved by the issuance of Exts.P7, P10 and P13 whereby the seniority in the category of Confidential Assistant Gr.II was denied to the petitioners and thereby, they lost seniority in the grade of Confidential Assistant Gr.I.
2. The petitioners were originally appointed as L.D.Typist through Kerala Public Service Commission (‘the PSC’ for short) in April, 2008. Thereafter, the probation of both petitioners were declared during April, 2010. While continuing so, the 1st respondent has initiated proceedings for promotion to the category of Confidential Assistant Gr.II as provided in the Kerala Water and Waste Water Authority Administrative, Ministerial and Last Grade Service Rules, 1986, (‘the Special Rules’ for short), wherein it was stated that the details of Lower Division Typists working under the control of the Chief Engineer, who possesses necessary qualification shall be submitted to the office of the 1st respondent on or before 07.06.2010.
3. It is pointed out by the petitioners that as per Ext.P2 Special Rules, the post of Confidential Assistant Gr.II mentioned under serial No.27 is the promotion post of Lower Divisi
The right to promotion and seniority under the Special Rules must be upheld, ensuring eligible candidates are prioritized over direct recruits.
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....
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
The court held that settled seniority cannot be disturbed after a long period, emphasizing the principle of res judicata and the limits of administrative power in altering promotion dates.
Eligibility for promotion under conflicting recruitment rules must prioritize service years and proper seniority lists as determined by precedent.
Seniority assigned to any employee could not be changed after a lapse of 7 years, though even on merit it was found that seniority of the petitioner therein had correctly been fixed.
The main legal point established in the judgment is that the seniority of the petitioners should be counted from the date of their regularization as Assistant Engineers. The court also emphasized the....
The main legal point established in the judgment is that the determination of seniority in the cadre of Food and Supplies Officers should be based on the length of continuous service, and the complet....
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