IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 9^TH DAY OF AUGUST 2021 / 18TH SRAVANA, 1943 WP(C) NO. 20756 OF 2019 PETITIONERS:

1 NOBY MARY CHACKO, AGED 52 YEARS W/O. LATE BABU VARGHESE, EDATHUMPADICKAL VAZHAKKAL HOUSE, PALLOM P.O., KOTTAYAM-686007.

2 BONNY MARIAM VARGHESE, AGED 27 YEARS D/O. LATE BABU VARGHESE, EDATHUMPADICKAL VAZHAKKAL HOUSE, PALLOM P.O., KOTTAYAM-686007. 3 BOBBY GEORGE VARGHESE (MINOR), AGED 17 YEARS S/O. LATE BABU VARGHESE, EDATHUMPADICKAL VAZHAKKAL HOUSE, PALLOM P.O., KOTTAYAM-686007.

REPRESENTED BY HIS MOTHER, NOBY MARY CHACKO, W/O. LATE BABU VARGHESE, AGED 52 YEARS, EDATHUMPADICKAL VAZHAKKAL HOUSE, PALLOM P.O., KOTTAYAM-686007.

BY ADVS.

GEORGE POONTHOTTAM (SR.)

SMT.NISHA GEORGE SRI.RIJI RAJENDRAN RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2 THE DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM, KERALA-695033.

3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, VAYASKARAKUNNU, PALACE ROAD, KOTTAYAM, KERALA- 686001.

4 THE CORPORATE MANAGER, THE MALANKARA ORTHODOX CHURCH COLLEGES, DEVALOKAM, KOTTAYAM-686004.

BY ADVS.

GOVERNMENT PLEADER SRI.BABY ISSAC ILLICKAL SRI.ISAAC KURUVILLA ILLIKAL GP SRI JIMMY GEORGE , SRI SURIN GEORGE IYPE SC MG UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This case has a checkered history whereby late Sri.Babu Varghese who is being represented by his legal representatives are made run from pillar to post for defending the order of promotion as LD Clerk from LD Typist. The question of considering the promotion as LD Clerk from the feeder category is laid way back in 1993 ie., 06.11.1993 when circular Ext.P4 was passed by the Deputy Director of Collegiate Educations on the premise that Taxidermist and Herbarium keeper were drawing the same pay scale and were included in the feeder category for appointment of LD Clerk by transfer. Even LD Typists was also included in the feeder category of promotion to the LD Clerk. An option was given to LD Typist, Herbarium keepers and Taxidermist in the same scale of pay to get excluded from the feeder category for promotion to LD Clerk or otherwise.

2. Babu Varghese joined as Last Grade staff on

02.09.1996 and was promoted as LD Typist on 01.11.1997 after the circular Ext.P4. Statute 44 of Part C of Chapter 45 of Mahatma Gandhi University Statutes 1997 envisage a qualification for appointment as Lower Division Clerk, Lower Division Store Keepers and Low Division Accountant to be possessing SSLC or equivalent qualification with a pass in the Manual of Office Procedure shall be promoted on the basis of common seniority. With this background in mind and the fact that Babu Varghese, since deceased, did not opt for feeder category and drawn a pay scale of LD Typist as 3050-75-3950-80-5230 equivalent to LD Clerk ie., equal pay of scale as per the provisions of Rule 28.b of Kerala State and Subordinate Service Rules 1958 Part II, was promoted as LD Clerk, vide Order Ext.P9 dated 02.05.2001. The Director of Collegiate Education rejected the approval vide Ext.P10. The management of the college vide communication dated 02.04.2002 (Ext.P11) stated that Babu Varghese was permitted to continue as LD Clerk by category change in place of Sri.K.Mathai who relinquished claim of promotion. Vide Ext.P12 dated 22.09.2009 directed the management to revoke the promotion of the petitioner as LD Typist and LD clerk. During the interregnum one Sri.Abey Cherian also claimed the promotion to the post of LD Typist, since his case was not considered a representation/appeal was submitted to the Government which was not acceded to, resulting into a direction dated 28.11.2003 by this Court in W.P. (C).No.27588/2013. Government issued order dated 23.04.2014 (Ext.P13) without hearing Babu Varghese but hear