IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 19^TH DAY OF FEBRUARY 2025 / 30TH MAGHA, 1946 WP(C) NO. 14776 OF 2021 PETITIONER:

LETHA ARAVIND AGED 50 YEARS W/O. MANOJKUMAR, ASSISTANT LIBRARIAN GRADE-1 MAHATMA GANDHI UNIVERSITY LIBRARY, ATHIRAMPUZHA, PRIYADARSHINI HILLS, KOTTAYAM 686 560 RESIDING AT BARSANA HOUSE, KALATHIPADY, VADAVATHOOR P.O, KOTTAYAM 10 PH 9746661973 BY ADVS.

ELVIN PETER P.J.

K.R.GANESH RESPONDENTS:

1 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM 686 560

2 THE REGISTRAR MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM 686 560

3 THE VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM 686 560 SURIN GEORGE IPE, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 19^th day of February, 2025 The petitioner, who is in the service of the Mahatma Gandhi University, is before this Court seeking to direct the respondents to grant promotion to the petitioner as Deputy Librarian with effect from 01.06.2021 with all consequential benefits. The petitioner seeks to declare that the post of Deputy Librarian sanctioned as per Ext.P10 Ordinance governs the field and the petitioner being the seniormost qualified Assistant Librarian Grade-I, which forms a feeder category, is entitled to be promoted as Deputy Librarian with effect from 01.06.2021.

2. The petitioner was initially appointed as Library Assistant in the University of Kerala as per Ext.P1 order dated 01.11.1996. The petitioner was granted an Inter University Transfer as Library Assistant and the petitioner came to serve under the Mahatma Gandhi University. In the Mahatma Gandhi University, the petitioner was promoted as Technical Assistant on 18.11.1998, as Reference Assistant on 14.01.2014 and as Assistant Librarian Grade-II as per Ext.P7 order dated 10.08.2018. The petitioner was thereafter promoted as Assistant Librarian Grade-I as per Ext.P8 order dated 01.12.2020.

3. The petitioner states that the petitioner possesses the qualification of Degree in Bachelor of Library and Information Science and subsequently, she has also acquired Post Graduate Degree in Master of Library and Information Science. The petitioner is fully qualified to be considered for promotion to the post of Deputy Librarian. The post is sanctioned as per the University Ordinance, contends the petitioner. The petitioner’s request for promotion remains unheeded.

4. The petitioner states that under the Kerala University First Ordinance, 1978, which is followed by the Mahatma Gandhi University, the University Librarian has five categories of posts namely, Deputy Librarian, Assistant Librarian, Reference Assistant, Technical Assistant and Library Assistant. Next promotional avenue of Assistant Librarian is Deputy Librarian. The appointment to the post of Deputy Librarian is by way of promotion as per the Ordinance.

5. The petitioner states that when the University refused to fill up the vacancy of Deputy Librarian earlier, certain candidates filed W.P.(C) No.8669/2007, which was disposed of as per Ext.P12 judgment. In Ext.P12 judgment, this Court declared that the post of Deputy Librarian sanctioned in Ext.P10 Ordinance will not cease to exist merely for the reason of implementation of UGC Scheme and it continues to operate and the vacancy is liable to be filled up.

6. The petitioner states that a vacancy of Deputy Librarian arose in the University due to retirement of Smt. Laila T.Abraham on 31.03.2019. One Sri.Sreekumar V., who was the seniormost Assistant Librarian, filed W.P.(C) No.8870/2019 seeking promotion to the post. This Court allowed the writ petition as per Ext.P13 judgment. Though this Court declared that Sri. Sreekumar V was entitled to be promoted as Deputy Librarian, this Court did not issue a direction to grant promotion to Sri. Sreekumar V with effect from 01.04.20