Promotional seniority must align with established qualifications and completion of probation as per applicable statutes.

JUDGMENT

These writ petitions raise a common issue regarding the challenge against revision of seniority list of Assistants Grade I by the Agricultural University. Since common issues arise for consideration, they are disposed of by a common judgment. W.P.(C) No.24022/2003 was argued as the main case. Therefore, the facts narrated therein which are similar to the facts of the other writ petitions, are as follows:

2. Heard Shri N. Sugathan, Shri K.P. Dandapani, learned Senior Counsel, Shri M.P. Ashok Kumar, Shri P. Goapalakrishnan Nair and Shri P.N. Santhosh, learned counsel appearing for the petitioners, Shri K.P. Mujeeb, learned Standing Counsel for the University, and learned Senior Counsel Shri K.R.B. Kaimal and Shri S.P. Aravindakshan Pillai appearing for the contesting respondents.

3. The petitioners in these writ petitions were appointed as Assistants Grade II in the years 1988 and 1989. They have been promoted as Assistants Grade I later, on various dates. Subsequent promotions have wpc 24022/2003, etc. 2 also been granted to them. As per the terms of the Ordinance regarding departmental test, all the University employees will have to pass the examination conducted by the Public Service Commission in respect of Manual of Office Procedure and Account Test (Lower). According to the petitioners, as per S.R.O. No.293/72 dated 15.6.1972 the Statute prescribing conditions of service of teachers and other employees of the Kerala Agricultural University were issued, wherein the service has been classified as Classes I to IV. It is pointed out that the petitioners and contesting respondents belong to Class II service and therefore the period of probation of them shall be for a period of two years on duty within a period of three years unlike the employees belonging to Class III, in whose cases the period of probation is one year within a period of two years. It is pointed out that the petitioners have passed the test within the period of probation and therefore their promotions effected from the cadre of Assistant Grade II to the cadre of Assistant Grade I is correct.

4. As on 30.5.1989 47 vacancies were there in the cadre of Assistant Grade I. They were remaining unfilled for want of qualified hands, when the petitioners entered service. Therefore, after they completed the period of probation and based on the acquisition of test qualification, they have been duly promoted.

wpc 24022/2003, etc. 3

5. Ext.P6 is the proceedings of the University revising and refixing the dates of promotion. It was stated therein that the same is issued in the light of the directions issued by this Court in W.A. Nos.672/2001 and 772/2001. Some of them were issued with Ext.P7 notice containing the proposal. Ext.P8 is one of the representations submitted to the first respondent pointing out the objections regarding the review of the seniority list. Ext.P9 is the copy of the judgment in W.A. Nos.672/2001 and 772/2001. It is pointed out that the dates of promotion of the petitioners were altered on the ground that they had not acquired the test qualification within one year of their appointment as Assistant Grade II which according to the petitioners, is not required.

6. The writ petition was amended in view of the subsequent developments. The University issued a revised provisional seniority list as per Ext.P11, calling for objections, to which the petitioners have filed Ext.P12 objections and the revised seniority list has been published as per Ext.P13. These are under attack in the writ petitions.

7. Mainly it is contended that Assistants Grade II are coming within Class II of clause 3 of Ext.P15 Statutes which was amended with effect from 28.2.1978 and which was the one in force as on the date of appointment of the petitioners. It is pointed out that as the period of wpc 24022/2003, etc. 4 probation is two years on duty within a continuous period of three years, the view taken obviously, by the respondents that it is only one year within a continuous peri