Promotions must be based on the finalized seniority lists to prevent violations of constitutional rights under Article 14, ensuring equity in service positions.

J U D G M E N T

The above writ petition concerns a similar issue and are heard and decided together.

2. In WP(C) No. 9633/2008, petitioner challenges Ext.P8 and seeks for a declaration that the incumbents in terms of Ext.P1, PSC advice are governed by Rule 27(c) of the Kerala State and Subordinate Services Rules Part II (KS & SSR Part II) in the matter of seniority, for a declaration that Exts.P5 and P6 are applicable to the petitioner and other incumbents and for a direction to respondents 1 and 2 to promote the petitioner as Assistant Executive Engineer. 3. The short facts involved in the writ petition would disclose that the petitioner was working as Assistant Engineer (Civil) under the Kerala State Electricity Board (KSEB). He was advised for appointment as Sub Engineer along with 149 other candidates by the Kerala Public Service Commission (KPSC) as per advice dated 26/8/1994. Ext.P1 is the advice memo issued to the petitioner. He was Sl.No.16 in the list of 150 candidates advised as per Ext.P1. Petitioner was promoted to the post of Assistant Engineer w.e.f. 22.5.1996. He completed probation on 21/5/1998. Ext.P2 is the order declaring probation of the petitioner in the cadre of Assistant Engineer. The qualification and method of appointment to the post of Assistant Engineer as per rules is in the ratio 5:3:2 between Engineering Graduates, Diploma holders and certificate holders. Out of the 50% earmarked for Engineering candidates, 40% is filed up by direct recruitment from open market and 10% of the vacancies by direct recruitment among the Engineering graduates who are under the service of the Board. Petitioner was recruited and posted in the 10% quota.

4. A provisional seniority list of Sub Engineers was published by the Board on 28/10/1996 for the period from 1/1/94 to 31/12/95. Petitioner's name was at Sl.No.527. Ext.P3 is the said list and the relevant extracts are produced as Exts.P3(a), P3(b) and P3(c) wherein the 3rd respondent was shown at Sl.No.528. On 12/8/99, another provisional seniority list of Engineering Graduates (Civil) appointed as Assistant Engineer (Civil) in the 10% quota and eligible for appointment in the 10% quota was published as Ext.P4 and the relevant extract is Ext.P4(a). According to the petitioner, contrary to Ext.P3, petitioner was placed at Sl.No.30 below several of his juniors as per Exts.P1 and P3. On 19/6/2000, Sl.No.110 Smt.Jeena George in Ext.P1 was promoted as Assistant Executive Engineer superseding many of her seniors including the petitioner. The 3rd respondent approached this Court by filing OP No.15051/2000 which came to be allowed as per judgment dated 29/3/2006 and the person who challenged was promoted w.e.f. 19/6/2000 the date of promotion of his junior as Assistant Executive Engineer. Following the said judgment, several other Original Petitions and Writ Petitions were disposed of on 31/8/2006 and 25/10/2006. It is stated that though the petitioner requested the respondents by written representation to promote him as Assistant Executive Engineer in the light of the judgments aforesaid, the said requests were ignored. Petitioner places reliance upon judgment in WA No. 390/2007 which came to be dismissed by this Court confirming the judgment in OP No.15051/2000.

5. Since nothing was done in the matter, petitioner filed WP(C) No. 25249/2007 before this Court which was disposed of by judgment dated 17/92007 when the respondent undertook to finalise the seniority list of Engineering Graduates (Civil) within a period of six months from the date of the judgment. It was also observed that pending finalisation of the seniority list, petitioner may be provisionally promoted within a period of six weeks from the date of receipt of the judgment. Nothing transpired and a contempt case came to be filed as COC No.1800/2007. Contempt case was closed without prejudice to the right of the petitioner to initiate action against Annexure R1(a). Annexure R1(a) is produced as Ext.P8. Still nothi