The prescription of five years' experience for promotion to managerial positions is justified and not discriminatory when competing against educational qualifications of other recruits.

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 adhere to their own commitment regarding reduction of deputation quota by 10% per year to facilitate promotion to the Corporation employees.

(d) Direct the Corporation to follow the guidelines in respect of deputation by issuing proper notification inviting application from the employees of Central/ State/ PSUs with strict adherence to MBA/LLB qualifications as the case may be.

2. The petitioner submits that Ext.P3 is the Kerala State Civil Supplies Corporation Common Service Recruitment Rules, 2021. As per Ext.P3 Recruitment Rules, vacancies of Junior Manager (General) can be filled up by (i) Direct recruitment through KPSC, (ii) By-transfer recruitment through KPSC from the employees of the Corporation (iii) Promotion by selection. For direct Recruitment as well as for by-transfer recruitment, the educational qualifications prescribed are Graduation and MBA from a UGC Recognised University/National Institutes established by the Central Government or Institution established by Government of Kerala or equivalent. However, for promotion by selection of persons like the petitioner, the qualifications prescribed are (i) Senior Assistant (Grade-I) with five years experience, (ii) Graduation and MBA/MCA/B.Tech/B.E./LLB/ A Inter/M.Com./CMA from a UGC Recognised University/National Institutes established by the Central Government or Institution established by the Government of Kerala or equivalent, (iii) Pass in Account Test (Lower) conducted by the KPSC and (iv) Completion of probation in feeder category.

3. The petitioner would urge that when the educational qualifications prescribed for direct recruitment and for by-transfer recruitment on the one part and the educational qualifications prescribed for promotion by selection are almost one and the same, the respondents cannot lay down an additional condition that Senior Assistant (Grade-I) should have five years' experience for being considered for promotion to the vacancies of Junior Manager (General), under the promotion quota. This is highly illegal and discriminatory, contends the petitioner.

4. If direct recruits or by-transfer recruits with Graduation and MBA can discharge the functions of the Junior Manager, then regular employees of the Supplyco who are having same educational qualifications can also discharge the duties of Junior Manager (General). Imposing an additional condition of five years' experience is therefore highly arbitrary and liable to be set aside.

5. The petitioner further urged that the appointments are made to the Corporation by deputation. The employees from Civil Supplies Department are deputed to Supplyco indiscriminately without insisting for any educational qualification whatsoever. Such deputation diminishes the chances of promotion of the employees of the Corporation. The Govern