Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.Nagaresh
R Vijayakumar – Appellant
Versus
State Of Kerala, Represented By The Principal Secretary, Department Of Civil Supplies – Respondent
| Table of Content |
|---|
| 1. challenge to experience requirement for promotion. (Para 2 , 3 , 4 , 5 , 15) |
| 2. defense of experience requirement for internal promotions. (Para 6 , 7 , 8 , 9 , 10 , 12) |
| 3. court's justification for experience requirement. (Para 11 , 13 , 14 , 16 , 17 , 19 , 20) |
| 4. final ruling on petitioner's claims. (Para 18) |
| 5. outcome of the writ petition. (Para 22) |
JUDGMENT :
N. Nagaresh, J.
The petitioner, who is working as Senior Assistant (Grade-I) with the Supplyco (Kerala State Civil Supplies Corporation Limited), aspires promotion to the post of Junior Manager. The petitioner seeks the following reliefs:-
(a) Direct the respondents to modify the Ext.P3 Recruitment Rules (part of CSR) to delete the 05 year experience clause imposed on regular feeder cadre employees and thereby ensure level playing field between all channel of promotion to the post of Junior Manager (General/Marketing).
(b) Further, direct the respondents to grant regular promotion to the petitioner to the post of Junior Manager (Marketing/General) stream with immediate effect or initiate the process of promotion through KPSC or Promotion by Selection modes.
(c) Direct the Corporation and Government to strictly ad
The prescription of five years' experience for promotion to managerial positions is justified and not discriminatory when competing against educational qualifications of other recruits.
The requirement of five years experience for promotion to managerial posts is justified and upheld.
: : (1) Promotion is a condition of service and consideration thereof is a fundamental right.(2) When rules specifically provide that promotion has to be made on the basis of selection where merit is....
Promotion rules of a public service entity do not require graduation for advancement when the governing rules do not explicitly mandate such qualifications, emphasizing merit and seniority.
Promotion - whether or not the persons are in service for requisite length to acquire the graduation qualification is not a relevant consideration. What is relevant is that they must acquire the qual....
When comparing ACRs for promotion, upgrade gradings by one level for officer's periods on higher post versus lower post to enable fair assessment; petitioner qualifies post-upgrade.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
