Promotions must respect established recruitment rules and rights to vacancies depend on inclusion in a valid rank list at the time of vacancy occurrence.

JUDGMENT

The prayers in this writ petition are as follows;

“a) To call for the records connected with the case.

b) To issue a writ of certiorari or any other appropriate writ, order or direction setting aside Exhibit P6 order of appointment.

c) To declare that the appointment of respondents 5 to 13 as Accountant/Senior Assistant by promotion from feeder category of Junior Assistant in the 1^st respondent Corporation is illegal and violative of the recruitment rules concerned.

d) To issue a writ of mandamus or any other appropriate order or direction to respondents 1 & 2 to revert respondents 5 to 12 from the post of Accountant/Senior Assistant to the post of Junior Assistant.

e) To issue writ of mandamus or any other appropriate writ, order or direction, commanding respondents 1 & 2 to report the eight vacancies of Assistant/Senior Accountant to the 3^rd respondent Commission within a specified time to be fixed by this Honourable Court and further direct the 3^rd respondent to advise appointments to the said eight vacancies from Exhibit P3 ranked list and also direct respondents 1 & 2 to appoint petitioners herein to the said posts with all consequential benefits including seniority.

f) To issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 and 2 to not declare the completion of probation of respondents 5 to 13 in their respective posts of Accountant/Senior Assistant in 1^st respondent Corporation.

g) To issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 and 2 not to make any further appointment to the post of Accountant/Senior Assistant of the 1^st respondent Corporation from the feeder category.

h) To issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 and 2 not to permit respondents 5 to 13 from drawing any excess salary other than that prescribed for the post of Junior Assistant.

i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding strictly follow Exhibit P1 recruitment rules in the matter of further promotion to the posts in 1^st respondent Corporation.

j) Dispense with the requirement of translated versions of the documents in vernacular language produced along with the writ petition.

k) Pass such other orders and directions as are deemed just and proper in the facts and circumstances of the case. “

2. Even though several prayers have been formulated, the issue is primarily regarding the appointment of respondents 5 to 13 as Accountant/Senior Assistant by promotion from the feeder category of Junior Assistant in the 1^st respondent Corporation. The petitioners participated in the selection process for appointments to the post of Accountant/Senior Assistant in the 1^st respondent Corporation. Pursuant to the notification dated 15.03.2021, the petitioners were ranked 15, 9, 12 and 10 respectively in the main list of Ext.P3. The notification was for filling up 11 vacancies. Appointments were made to the said 11 vacancies. According to the petitioners, 9 more vacancies arose between 01.10.2020 and 01.06.2023 owing to promotion and retirement. The petitioners claim that they should be appointed towards the said vacancies.

3. The method of appointment to the post of Accountant/Senior Assistant, as can be seen from Ext.P1 Recruitment (Qualification and method of Appointment) Rules for the Kerala State Backward Classes Development Corporation 2021 (for short 'the Recruitment Rules') is by 'direct recruitment' and 'by promotion'. Promotion to the post of Accountant/Senior Assistant is made from the feeder category of Junior Assistant, and in the absence of qualified hands to be promoted,