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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
M.R. Suresh, S/o. Raghavan – Appellant
Versus
Cochin Devaswom Board, Represented By Its Secretary – Respondent
| Table of Content |
|---|
| 1. petitioners' employment history and qualifications. (Para 1 , 2) |
| 2. claims of petitioners based on ext.p1 rank list. (Para 3 , 4) |
| 3. court's views on compliance with previous judgments. (Para 5 , 6 , 7) |
| 4. order to reconsider promotions based on rank list. (Para 8) |
JUDGMENT :
VIJU ABRAHAM, J.
The above writ petition is filed challenging Ext.P9 order, whereby the petitioners were reverted from the cadre of Lower Division Clerk (LDC) to Masappady cadre.
2. The brief facts necessary for the disposal of the writ petition are as follows:
Petitioners are presently working as Devaswom Assistant Officers in the cadre of Lower Division Clerk in the 1st respondent Board. The petitioners were originally appointed on daily wage basis during 1987 and continued till 1995. As per order dated 01.01.1996, issued by the 1st respondent Board, the 1st petitioner was regularized in service in the cadre of Last Grade Service, whereas the 2nd petitioner was appointed as Last Grade Servant as per order dated 18.10.1996. The Board promulgated the Rules for the appointment in the regular services of the Board by the notification dated 01.02.1988. By virtue of Rule 22 of the said Rules a person sh
Promotions must be based on rank lists established through qualification assessments, not solely seniority; deviation from this standard may render previous promotions invalid.
Promotions must respect principles of natural justice, including the right to a hearing for affected parties before decisions are made.
The seniority for promotions in government services must be based on the order of appointment, not merely on merit lists, ensuring compliance with eligibility criteria.
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
Promotion processes must adhere to established guidelines, ensuring fair consideration for all eligible candidates. Clubbing of vacancies across years violates process integrity, and resultant promot....
The court held that denying promotions based on reporting dates due to night shifts was unjustified, emphasizing fair treatment and adherence to established promotion procedures.
Promotions must strictly adhere to qualification criteria as per relevant regulations to maintain integrity in civil service seniority and prevent premature reversions.
The judgment emphasizes the importance of seniority as a civil right and highlights the need to rectify mistakes committed by the official respondents in matters of seniority.
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