The High Court cannot interfere with tribunal decisions unless there's a manifest error, ensuring adherence to administrative guidelines and principles of justice.

Anil K. Narendran, J.

The petitioner filed O.A(EKM)No.773 of 2024 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam, invoking the provisions under Section 19 of the Administrative Tribunals Act , 1985, seeking an order directing the respondents to give him promotion to the post of Village Officer/Revenue Inspector with effect from 02.12.2016, with all consequential benefits.

2. The petitioner-applicant, who entered service as LD Clerk/Village Assistant in the Revenue Department, on 11.11.1999, on compassionate grounds, was granted temporary promotion as UD Clerk/Special Village Officer, with effect from 23.02.2006, under Rule 13A(1)(a) of Part II of Kerala State and Subordinate Service Rules (KS&SSR). As the applicant did not pass the departmental tests within a period of three years, as prescribed in the said Rules, orders were issued reverting the applicant as Village Assistant, with effect from 23.02.2009. The applicant acquired test qualification in the year 2016 and his probation was declared with effect from 01.12.2016. Thereafter, he was promoted as UD Clerk/Special Village Officer with effect from 02.12.2016. In Annexure A2 seniority list of L.D.

Clerk/Village Assistant for the period from 10.9.1984 to 31.12.2008, which was published on 16.4.2011, the applicant was rank No.11057. According to the applicant, several of his juniors in Annexure A2 seniority list were already promoted to the cadre of Village Officer/Revenue Inspector. The applicant submitted Annexure A4 representation dated 05.06.2024, claiming promotion as Village Officer/Revenue Inspector, with effect from 02.12.2016, reckoning the service he had rendered as U.D Clerk/Special Village Officer on the basis of his promotion granted in the year 2006. According to the applicant, there were several vacancies in the post of Village Officer/Revenue Inspector. The applicant therefore approached the Tribunal in O.A.(EKM)No.773 of 2024, seeking the aforesaid reliefs.

3. By Ext.P2 order dated 23.05.2025 the Tribunal dismissed O.A(EKM)No.773 of 2024. Paragraphs 3 and 4 and also the last paragraph of that order, read thus;

“3. Therefore, when the applicant was reverted for not passing the test and was thereafter granted regular promotion to the post of UDC/SVO, only with effect from 02.12.2016, the claim of the applicant for promotion as Village Officer/Revenue Inspector with effect from the very same date viz. 02.12.2016, is absolutely unsustainable. Applicant cannot have any right to be promoted to the post of Village Officer/Revenue Inspector, either on the basis of the seniority assigned to him among LD Clerks or on the basis of the service rendered in the post of LD Clerk prior to his reversion based on temporary promotion granted in

2006.

4. The applicant filed this Original Application for a direction to the respondents to consider and pass orders on Annexure A4 representation. The claim of the applicant in that representation is for promotion to the post of Village Officer/Revenue Inspector, on the basis of the service rendered as UDC/SVO on temporary promotion. When the Rules do not permit any benefit based on such promotion to one suffered reversion for not passing the test, we do not find any reason to issue any direction to the respondents, as sought by the applicant.

The Original Application fails and is dismissed accordingly.”

4. Challenging Ext.P2 order dated 23.05.2025 of the Tribunal in OA(EKM)No.773 of 2024, the petitioner-applicant is before this Court in this original petition, invoking the supervisory jurisdiction un