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2008 Supreme(Online)(KER) 6372
HIGH COURT OF KERALA
K.BALAKRISHNAN NAIR, K.T.SANKARAN, JJ
K.KADER – Appellant
Versus
ADMINISTRATOR, UNION TERRITORY OF LAKSHA – Respondent
WP(C)/16189/2004
SRI.O.V.RADHAKRISHNAN, SRI.P. R.RAMACHANDRA MENON, SC, UNION TERRITORY OF LAKSHADWEEP
Promotion procedures must comply with established rules, and failure to challenge earlier decisions forfeits claims to subsequent promotions.
Headnote:
Promotion - Employment Law - O.A. 511 of 2001 - The court addressed issues of promotion eligibility and procedures, confirming that the proper authority followed recruitment rules in promoting the 4th respondent. The petitioner failed to challenge the base promotion order, leading to dismissal.
Fact of the Case:
The petitioner challenged the promotion of another individual to the position of Headmaster, claiming illegal reversion from the same role. The petitioner argued that his earlier promotions, granted on an ad-hoc basis, should be regarded as regular promotions.
Finding of the Court:
The court upheld the legality of the promotion process followed by the Departmental Promotion Committee. The petitioner’s prior ad-hoc promotions did not qualify him for priority in the regular promotion rankings.
Issues: Whether the petitioner had a rightful claim to promotion over the 4th respondent and the legitimacy of the promotion processes conducted by the Departmental Promotion Committee.
Ratio Decidendi: The court determined that the absence of any challenge to the original promotion order denied the petitioner grounds to contest subsequent promotion decisions, affirming that due process was followed by the authority.
Final Decision: The Writ Petition was dismissed.
J U D G M E N T
K. Balakrishnan Nair, J:
The petitioner, who was working as Headmaster on adhoc basis in a Government High School in the Union Territory of Lakshadweep filed O.A. 511 of 2001 challenging Annexure A5 order dated 14.06.2001 produced along with Ext. P1 original application. By that order, the 4th respondent herein, viz., B. Nandi Nampoothiri was promoted as Headmaster. According to the petitioner, as a result of the said order, he faced reversion. So he filed O.A.No. 511 of 2001, challenging Annexure -A5 order.
2. The petitioner submitted that a Committee of Officers considered his claim for promotion to the post of Assistant Headmaster from the feeder category of Trained Graduate Teachers and he was promoted as Assistant Headmaster by Annexure -A1 order dated 21.03.1990. Later, by Annexure-A2 order dated 31.07.1997, he was further promoted as Headmaster on adhoc basis for a period of six months. The said period was later extended without any time limit, it is submitted. While so, the 4th respondent, Nandi Nampoothiri was promoted on regular basis as Assistant Headmaster as per Annexure-A3 order dated 02.11.2000. The said order would show that he was promoted on the recommendation of the Departmental Promotion Committee . As per the recruitment rules in force, up to 1996, a Trained Graduate Teacher could be promoted without acquisition of Post Graduate qualification as Assistant Headmaster and Headmaster. But the recruitment rules were amended by Notification dated 25.01.1996 providing that Post Graduate qualification is an essential qualification for promotion as Assistant Headmaster and Headmaster. But the vacancies which arose prior to 1996 were filled up in accordance with the recruitment rules then in force.
3. The petitioner submitted that while he was working as Headmaster, Mr.
Nandi Nampoothiri was working as Assistant Headmaster. Since, the latter was promoted to the post of Headmaster by Annexure A5 order in preference to him, the same is illegal. Though his promotion, ordered as per Annexure A1 order to the post of Assistant Headmaster, is shown as adhoc promotion, it should be treated as a regular promotion because his claim for promotion was considered by a Committee of Officers, it is submitted. It is also submitted that since the 4th respondent, Mr. Nandi Nampoothiri was promoted as Assistant Headmaster in the vacancy of one P.K. Narayanan, who was promoted on adhoc basis to the post of Headmaster, the promotion granted to the 4th respondent, Mr. Nandi Nampoothiri as per Annexure A3 order should also be treated as adhoc or provisional . Therefore, there was no justification in promoting the 4th respondent as Headmaster and in reverting the petitioner in that process on the basis of Annexure A5 order, it is contended. So the above O.A. was filed before the C.A.T.
seeking appropriate reliefs.
4. The Lakshadweep Administration filed a reply statement contending that by Annexure A3 order, the 4th respondent was granted promotion on regular basis on the basis of the decision of the duly constituted Departmental Promotion Committee . The petitioner was junior to the 4th respondent. It was stated that the petitioner's claim was also considered for promotion. For the year 1994, there were 9 vacancies and in those vacancies, senior persons including the 4th respondent were promoted. Since the petitioner was lower down in the seniority, he could not be promoted . The official respondents had also produced the minutes of the Departmental Promotion Committee which met on 23.09.2000, based on which the 4th respondent was promoted on regular basis as Assistant Headmaster. In view of regular promotion granted to the 4th respondent as Assistant Headmaster, he was preferred in the matter of further promotion on adhoc basis as Headmaster as per Annexure-A5 order. So the official respondents prayed for dismissal of O.A.511 of 2001. The Tribunal, after hearing both sides upheld the contentions of the Administration and dism
