Court emphasized administrative fairness, requiring reconsideration of promotion requests based on revised guidelines following improper denial.

JUDGMENT

The above writ petition is filed challenging Ext.P16.

2. The brief facts necessary for the disposal of the writ petition are as follows: Petitioners are working in the Population Research Centre attached to the University of Kerala, which is fully funded by the Ministry of Health & Family Welfare, Government of India. The post structure of the Population Research Centre is as follows:

“(A) Additional Director

(B) Joint Director

(C) Research Officer and Social Scientist

(D) Research Investigator

(G) Field Investigator

(F) Computor (now re-designated as Data Assistant)

While (F),(E),(D) are non-UGC posts,(A),(B) & (C) are UGC posts.”

The 1^st petitioner joined the Population Research Centre as Computor on 15.02.1999 and was promoted as Field Investigator on 17.01.2003. The next promotional post available to her is the Research Investigator. The 2^nd petitioner joined service as Computor on 24.03.2008 and the next promotional post available to her is the Field Investigator. One Research Officer, Dr.Shylaja was promoted by the University as Research Officer on 27.01.2003 as per Ext.P2. The Ministry of Health & Family Welfare did not approve Dr.Shylaja's promotion as Research Officer and required the post to be filled by direct recruitment as per UGC guidelines. Based on which Ext.P3 order was issued by the University reverting, Dr.Shylaja as Research Investigator. It was challenged in WP(C)No.23356 of 2010, and this Court stayed the order of reversion and permitted her to continue as Research Officer. Based on Ext.P4 interim order passed by this Court, Ext.P5 order was issued by the University permitting Dr.Shylaja to continue as Research Officer. The University throughout treated the post of Research Investigator, which arose due to Dr.Shylaja's promotion as vacant. In the Annual report of 2013-2014 of Population Research Centre, Kerala placed before the Parliament, the University pointed out that one post of Research Investigator is lying vacant, as evident from Ext.P6.

3. The first petitioner contend that she is the senior most qualified Field Investigator entitled for appointment by promotion as Research Investigator in June 2014, and the second petitioner has applied for appointment by promotion as Field Investigator in the promotional vacancy of the 1^st petitioner. By Ext.P9, the Director-in-Charge of the Population Research Centre recommended to the University to promote the 1^st petitioner as Research Investigator. A legal opinion was also obtained. The 1^st petitioner was however sanctioned the scale of pay of a Research Investigator during 2015 through grade promotion on completing 15 years of service as Field Investigator and the 2^nd petitioner availed Leave Without Allowance for two years for a post-doctoral fellowship and she rejoined on duty during 2017 and was also sanctioned higher grade on 01.03.2020, on completing 8 years of service in the entry post. Petitioners on 11.05.2020, after the retirement of Dr.Shylaja from the service as Research Officer, re-applied to the University to promote them as Research Investigator, and Field Investigator respectively. Legal opinion was sought, and Ext.P11 opinion was given advising that promoting the petitioners is not illegal or improper. Finally, the University accepted the petitioners' request on 09.04.2021 and promoted them as Research Investigator & Field Investigator, respectively as per Ext.P15 order dated 09.04.2021. On the retirement of Dr.Shylaja on 31.03.2020, the writ petition filed by her was closed as per Ext.P16, declaring her entitlement to all benefits as Research Officer. The 1^st petitioner would submit that she is entitled for the benefits of a Research Investigator at least from June 2014 and that she may be atlea