The court upheld the University’s actions to create promotional avenues for Roneo Operators while maintaining that they are not entitled to promotions.

J U D G M E N T

As common issues arise in these writ petitions, they are taken up together for consideration and disposed by this common judgment.

2. The primary issue that arises for consideration in these writ petitions is with regard to the service conditions of Roneo Operators working under the Mahatma Gandhi University. An incidental issue that arises is whether, on account of the steps taken by the Mahatma Gandhi University for providing promotional avenues to Roneo Operators, the promotional prospects of clerical assistants working under the University are in any way affected.

W.P.(C).No.20008 of 2012 & W.P.(C).No.20550 of 2012:

The petitioners in these writ petitions were appointed as Roneo Operators in the Mahatma Gandhi University. The post of Roneo Operators was initially created by the University as per order dated 25.02.1988. Thereafter, by subsequent orders the number of posts was increased and currently the strength of Roneo Operators in the University is stated to be 11. As the Mahatma Gandhi University has not framed any Statute or Ordinance of its own in terms of the Mahatma Gandhi University Act, the Statutes/Ordinances made under the Kerala University Act, and which were in force as on 02.10.1983, were made applicable to the Mahatma Gandhi University Act, until such time as they were replaced by the Statutes/Ordinances be made by the Mahatma Gandhi University. This situation came into being by virtue of Section 99 (2) of the Mahatma Gandhi University Act. As per the Kerala University 1st Ordinances, 1978, there is no post of Roneo Operator in the schedule to the said Ordinance. The equivalent post in the said schedule is the post of Duplicator Operator, the method of recruitment to which is shown as direct recruitment or by promotion from those in service. The post of Clerical Assistant is one that is mentioned in the schedule and the method of recruitment is by competitive test and/or interview or by promotion from the cadre of last grade servants. While the minimum qualifications stipulated for a Duplicator Operator is only an ability to read and write, the minimum qualification for the post of Clerical Assistant is a pass in SSLC examination which can be relaxed in the case of those in service. It would appear that the Roneo Operators working under the Mahatma Gandhi University had taken up the matter for parity in treatment with Duplicator Operators under the Kerala University but no steps were taken by the Mahatma Gandhi University to redress the grievance of the Roneo Operators. The Roneo Operators thereafter preferred a representation before the University seeking the inclusion of the post of Roneo Operators in the feeder category to the post of Clerical Assistant, or in the alternative, to treat them at par with Clerical Assistants and extend them further promotions as Assistants, Selection Grade Assistants etc., based on the qualifications possessed by them. The grievance of the petitioners was redressed to a limited extent by the Mahatma Gandhi University by enhancing the pay scale of Roneo Operators so as to make it at par with that of Duplicator Operator in the Kerala University. As their grievances were not fully redressed, and they were not recognised in the regular line of promotions to any higher posts, the petitioners approached this Court through W.P.(C).No.1318 of 2009 which was disposed by Ext.P16 judgment dated 01.04.2011, wherein this Court directed the respondent University to consider taking measures for rectifying the anomaly that existed in the case of Roneo Operators. It was also suggested that the Roneo Operators be included in the feeder category to the post of Assistant Grade -II so as to rectify the said anomaly. The operative portion of the said judgment reads as follows:

“4. It is not disputed before me that the Mahatma Gandhi University has not yet framed their own First Ordinances and they are still following the Kerala University First Ordinances, in respect of qualification