IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
CARMIA.B – Appellant
Versus
KERALA AGRICULTURAL UNIVERSITY – Respondent
WP(C) NO. 26599 OF 2025
| Table of Content |
|---|
| 1. challenge against provisional seniority ranking. (Para 1 , 2 , 3) |
| 2. defense of the respondent regarding petitioner's claims. (Para 4) |
| 3. call to finalize seniority list to avoid unfair promotions. (Para 5 , 6 , 7) |
JUDGMENT Dated this the 5th day of March, 2026 The petitioner, who was advised for appointment on
01.01.2018 and joined service on 14.02.2018 as Assistant Grade-II, is aggrieved by Ext.P6 provisional seniority list wherein, according to the petitioner she was assigned Rank No.183.
2. The petitioner states that the petitioner has completed her probation on 30.06.2020, which is within the three year period during which she has to complete two years successful probation period. Therefore, there is no reason to decline promotion to the petitioner.
3. The respondents, without finalising Ext.P6 seniority list, are effecting promotion from the provisional seniority list which is to the disadvantage of the petitioner and similarly situated Assistants Grade-II, who have objections to the provisional seniority list. The petitioner therefore seeks to quash Ext.P6 provisional seniority list and to direct the respondents to restore the seniority of the petitioner from serial No.183 to 137. The petitioner also seeks to direct the
3rd respondent to consider Ext.P8 representation.
4. Standing Counsel entered appearance on behalf of the Kerala Agricultural University and resisted the writ petition. The Standing Counsel emphatically denied the allegations made by the petitioner in the writ petition. The Standing Counsel submitted that the petitioner successfully completed her two year probation only on 30.06.2020. Furthermore, the petitioner passed Account Test belatedly in July, 2020. These are all matters which have affected the promotional prospects of the petitioner. The writ petition is therefore without any merit and it is liable to be dismissed.
5. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the Kerala Agricultural University.
6. It is evident from the pleadings and arguments that the petitioner joined service on 14.02.2018 and the probation of the petitioner was declared on 30.06.2020. Ext.P6 is the provisional seniority list dated 05.04.2023. As per Ext.P6, the petitioner is placed at Serial No.183. It is the specific argument of the petitioner that she should have been placed at Serial No.137. The petitioner submits that the petitioner has submitted an objection to the seniority list.
7. I find that it is high time to finalise Ext.P6 provisional seniority list, which has been published on 05.04.2023. By this time, all objections and suggestions would have been received by the competent authority in order to finalise the provisional seniority list. Effecting promotion on the basis of a provisional seniority for a long period will not be in the interest of service.
In the afore facts of the case, the writ petition is disposed of directing the 3rd respondent to finalise Ext.P6 provisional seniority list considering all objections received, including the objections of the petitioner and adverting to Ext.P10 judgment also. A decision shall be taken within a period of three months. Any provisional or final promotions made from Ext.P6 provisional seniority list in the meanwhile will be subject to review on the basis of the final seniority list that is to be published pursuant to the orders of this Court.
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