The court determined that Spinning/Weaving Instructors are not classified as low-paid employees, thus ineligible for promotion under the 10% quota reserved for such employees.

JUDGMENT :

Muralee Krishna, J.

These writ appeals are filed under Section 5(i) of the Kerala High Court Act, 1958 by respondents 2, 3 and 4 in W.P.(C) Nos.137 of 2021, 28540 of 2020 and 27474 of 2023, respectively, challenging the common judgment dated 26.03.2024 passed by the learned Single Judge in those writ petitions whereby Order No.KB2809/2020/EI(A) dated 14.12.2020 issued by the 2^nd appellant Secretary of Kerala Khadi and Village Industries Board (‘Board’ in short) is quashed and declared that the petitioners in those writ petitions are eligible to be considered for appointment to the post of LD Clerk in the 10% quota earmarked for by-transfer appointments, in accordance with the Rules. In the impugned judgment, the learned Single Judge directed the appellants to draw up a seniority list of low-paid employees and grant promotions according to their seniority and in terms of the Rules. It was further held by the learned Single Judge that non-inclusion of the post of Spinning/Weaving instructors in the Regulations, 2006, cannot stand in the way of petitioners in the writ petitions being considered for promotion. Since the issue to be decided in these writ appeals is the same, they are being disposed of by this common judgment, taking W.A.No.1136 of 2024 as the leading case. For convenience of reference, the parties and documents are referred to in this judgment as they are referred to in W.P.(C)No.27472 of 2023, unless otherwise stated.

2. The petitioners in W.P.(C)No.28540 of 2020 and 137 of 2021 are working as Weaving Instructors and the petitioner in W.P.(C)No.27474 of 2023 is working as a Spinning Instructor in different units of the 2^nd respondent Board. All of them were initially appointed provisionally to their respective posts and were later regularized in service on compassionate grounds by Ext.R2A order dated 07.07.1999 issued by the Government. By Ext.R2D and Ext.R2E orders dated 03.01.2014 and 29.07.2014 respectively, of the Government, 10% of the cadre strength of the post of Lower Division Clerks/ Lower Division Typists under the 2^nd respondent Board is reserved to be filled up by recruitment by transfer promotion from last grade servants and persons holding low-paid posts. As per Ext.R2F order dated 29.05.2020, the Government extended this benefit to the Board also. As per Ext.P1 circular dated 21.08.2020, the 3^rd respondent called for willingness from the last grade servants including the low-paid employees for promotion by transfer to the post of Clerk. The petitioners expressed their willingness and applied for the post. While so, on 14.12.2020, the 3^rd respondent issued Ext.P3 orders of promotion, promoting respondents 5 to 9 as Clerks under the 10% quota earmarked for the last grade servants and low-paid employees. It is on the basis of Ext.P4 letter dated 13.08.2015 issued by the Government to the 2^nd respondent stating that Spinning/Weaving Instructors of the Board cannot be considered as low-paid employees and moreover, Ext.R2D and Ext.R2E orders are not applicable to the Board, promotion was declined to the petitioners. According to the petitioners, in Ext.P5 judgment dated 31.05.2016 in W.P.(C)Nos.32318 of 2014 and 5074 of 2015 this Court considered the issue of treating the Spinning/Weaving Instructors as LD Typist in the quota of 5% earmarked for the low-paid employees and declared that the petitioner in W.P.(C) No.32318 of 2014 who is a Spinning Instructor is eligible to be considered for the post of LD Typist in the 5% quota. This judgment was confirmed in Ext.P6 judgment dated 27.02.2017 in W.A.No.2465 of 2016. Claiming Ext.P4 letter of the Government and Ext.P3 order of promotion as arbitrary, unjust, illegal and violative of Article 14 of the Constitution of India, the petitioners approached this Court with the writ petitions under Article 226 of the Constitution of India seeking a writ of certiorari to quash Exts.P3 and P4 and a writ of mandamus directing the 3^rd respondent to prepare a commo