Court ruled that dismissal of petitioner's application without considering vital documents regarding post equivalency and qualifications was improper, necessitating a reassessment of the case.

JUDGMENT :

MURALEE KRISHNA S., J.

1. This original petition is filed under Article 227 of the Constitution of India by the applicant in O.A.(EKM)No.79 of 2020 on the file of the Kerala Administrative Tribunal, (Additional Bench at Ernakulam), (‘the Tribunal’ in short), challenging the order dated 04.03.2025 passed by the Tribunal in that original application.

2. The petitioner joined service as Office Assistant under the Co-operative Academy of Professional Education (‘CAPE’ for short), as per Annexure A1 order dated 02.12.2002 issued by the CAPE, pursuant to a duly conducted selection procedure. After successfully passing the Account Test, he was promoted to the post of Assistant Grade-I, with effect from 16.12.2008, as per Annexure A2 order dated 30.06.2010. The petitioner obtained B.Com. degree from Calicut University and Master of Business Administration (MBA) from Mahatma Gandhi University, and was issued with the certificate of Bachelor of Commerce dated26.03.1999 and MBA certificate dated 02.06.2009. While he was working as Office Assistant Grade I, CAPE issued Annexure A5 notification dated 20.01.2011, calling for applications to fill up the vacancies in the posts of Administrative Officer, Finance Officer, Secretary Co-operative Hospital and Special Officer (Employment and Training) (‘the Special Officer’ in short). On the basis of ranking in Annexure A6, select list, the petitioner was appointed as Special Officer on contract basis with the stipulation that the petitioner’s service would be regularised based on the work, conduct and performance during the period of training and up on successful completion of training. After joining the post of Special Officer, the petitioner noted discrepancies crept in Annexure A7 appointment order, which differs from that notified by Annexure A5 notification. Therefore, the petitioner approached the CAPE for redressal of his grievances by submitting Annexure A8 representation dated 27.06.2011. That representation was forwarded to the CAPE through the Medical Director, Co-operative Medical College, Kalamassery, with a recommendation note by placing reliance on G.O(P)No.443/92/Fin. dated 01.07.1992, by which the Government has permitted to allow the pay and allowances for appointment through direct recruitment, from among those in service during the pre-service Training period drawn from them in earlier post if it is higher than the minimum of the scale of pay of the post to which they are recruited directly.

2.1. After submitting many representations, the Medical Director issued Annexure A11 order dated 01.2012 with regard to the distribution/ redistribution of works of each seat/duty specified therein and also those of the office trainees, including the petitioner. Later, by Annexure A12 order dated 23.08.2012, the petitioner was given appointment as Special Officer on a regular basis in the pay scale of Rs.18410-30550. Thereafter, the petitioner was assigned the duties of Finance Officer, with effect from 22.11.2012, by Annexure A13 order dated 15.01.2013 of the CAPE in the pay scale of Rs.18740-33680.

2.2. The petitioner contends that the pay scale fixed by Annexure A13 order is the same pay scale applicable to the post of Senior Superintendent in the Kerala Government Service. While the petitioner was continuing in the post of Special Officer, the Co- operative Medical College was taken under the control of the Medical Education Department by the Government, as per Annexure A14 Order dated 17.12.2013. The Committee formed by the Government for finalising the modalities of taking over the employees of the Medical College, recommended the Government to keep the Institution as a “Stand Alone Unit” and to absorb the eligible regular employees to