Promotions under employment regulations must strictly adhere to specified categories without mixing across categories, even in cases of insufficient qualified candidates.

JUDGMENT

[OP(KAT) Nos.177/2025 & 14/2026]

Muralee Krishna S., J.

Petitioners filed these original petitions invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , challenging the impugned common order dated 20.12.2024 passed by the Kerala Administrative Tribunal, Additional Bench at Ernakulam (the ‘Tribunal’ for short), in O.A.(EKM)No.620 of 2023 and O.A.(EKM)No.1234 of 2023, respectively.

OP(KAT)No.177 of 2025

2. O.A.(EKM)No.620 of 2023 is filed by the 1^st respondent in O.P.(KAT)No.177 of 2025, who is working as a Soil Conservation Officer at Thaliparamba, Kannur. Going by the pleadings in O.A.(EKM)No.620 of 2023, as per the Special Rules for Kerala Soil Conservation Service, 2008, promotion to the post of District Soil Conservation Officer is to be effected from the post of Soil Conservation Officer/Assistant Engineer (mentioned as Category 5 in Annexure A1 Special Rules for the Kerala Soil Conservation Service, 2008 (‘Special Rules’ for short)). While effecting between (a) agriculture graduates directly recruited as Soil Conservation Officers, (b) engineering graduates directly recruited as Assistant Engineers, and (c) Overseers/ I grade draftsman appointed by transfer as Assistant Engineer or Soil Conservation Officer. In the absence of sufficient number of persons available in one category for promotion in the above ratio, such vacancies are liable to be filled up from qualified hands in the next category and so on. There is no ambiguity in the Special Rules in this regard in the matter of promotion to the post of District Soil Conservation Officer. The 1^st respondent herein who is one of the senior most candidate in the post of Soil Conservation Officer under Category (a) is aggrieved by an order issued by the 1^st petitioner unnecessarily clarifying the Special Rules as if there is no clarity in the Rules as to which of the other categories is to be given preference in the matter of promotion in the absence of qualified hands in a particular category. The 1^st respondent has preferred Annexure A3 representation dated 09.02.2023 to the 1^st petitioner in this regard. However, DPC was convened on 03.04.2023 without addressing the grievance raised by the 1^st respondent in Annexure A3. Now, hasty steps are initiated by the petitioners to effect promotions on the basis of a wrong interpretation given to Special Rules vide Annexure A2 communication dated 04.06.2021. Annexure A2 has the force of law. The same is liable to be ignored while effecting promotion. Promotions have to be effected strictly in accordance with Annexure A1 Special Rules. Hence, the 1^st respondent-applicant in O.A.(EKM)No.620 of 2023 filed that original application invoking the jurisdiction of the Tribunal under Section 19 of the Administrative Tribunals Act , 1985, seeking the following reliefs:

“i) Declare that promotion to the post of District Soil Conservation Officer in Kerala Soil Conservation Service liable to be effected strictly in accordance with Annexure A1 Special Rules and Annexure A2 communication is liable to be ignored;

ii) Direct the 3^rd respondent to effect promotion to the post of District Soil Conservation Officer/Assistant Director as per the DPC convened on 03.04.2023 strictly in accordance with Annexure A1 Special Rules ignoring the clarification in Annexure A2 communication;

ii) Direct the 1^st respondent to consider and pass orders on Annexure A3 representation preferred by the applicant before publishing the decision of the DPC convened on 03.04.2023 for effecting promotion to the post of District Soil Conservation Officer.”

2.1 On behalf of the 1^st petitioner, a reply statement dated 01.03.2023 was filed in the or