IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14730 of 2006(S)
1. THE PRINCIPAL ACCOUNTANT GENERAL
... Petitioner
Vs
1. M.P. GOVINDANKUTTY,
... Respondent
For Petitioner :SRI.JOHN VARGHESE, ASSISTANT SG
For Respondent :SRI.U.BALAGANGADHARAN
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :28/07/2009
O R D E R
K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
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W.P.(C) No.14730 OF 2006
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Dated this the 28th day of July, 2009
J U D G M E N T
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Balakrishnan Nair, J.
The writ petitioner is the respondent in O.A.No.579/2003.
The respondent herein was the applicant. Ext.P1 is the copy of
the Original Application. The Original Application was filed
challenging Annexure-A2 dated 25.2.2003 issued on behalf of
the writ petitioner to the respondent stating that he is not
eligible for promotion as Senior Audit Officer as on 1.1.2003, as
he has not completed two years’ service on that date.
2. The brief facts of the case are the following:
Three Audit Officers were promoted as Senior Audit
Officers by Annexure-R3 order dated 1.1.2001 produced along
with Ext.P2 reply statement filed in answer to the averments in
Ext.P1 Original Application. M/s. A.Ismail, K.G.Thomas and
K.P.Gopakumaran were the promotees under Annexure-R3.
They were promoted with effect from 1.1.2001. But, the report
W.P.(C) No.14730/2006 2
regarding the joining duty of Sri.A.Ismail in the promoted post
reached the office of the writ petitioner only on 2.1.2001. In the
resultant vacancy, the respondent was promoted as Audit Officer
on 2.1.2001 and on the same day he joined duty. He is entitled
to be promoted as Senior Audit Officer on completion of two
years’ service in the post of Audit Officer. The dispute between
the parties was relating to the date on which he completed two
years’ service. According to the writ petitioner, he completed
two years’ service only on 2.1.2003, whereas the
respondent/applicant canvassed for the position that he
completed two years service on 1.1.2003 and therefore he should
be promoted on that date.
3. Normally, promotions are ordered having regard to
the date of occurrence of vacancies and acquisition of
qualification by the incumbent concerned. It is not in dispute
that there was a vacancy available on 1.1.2003 in the cadre of
Senior Audit Officer to accommodate the applicant. But, as per
the executive orders governing the field, if a candidate is not
qualified and therefore not promoted on 1.1.2003, he will be
W.P.(C) No.14730/2006 3
promoted only on 1.1.2004 even if he becomes qualified on
2.1.2003. We do not find any such provision in the Recruitment
Rules, a copy of which was produced as Annexure-A6 along with
Ext.P3 rejoinder filed by the applicant. No one has challenged
the validity of that stipulation. Prima facie, the said stipulation
appears to be strange. Anyway, we do not propose to comment
on that point, as there are no pleadings or prayers concerning
the same. It is common ground that Sri.Ismail was ordered to be
promoted on 1.1.2001, but owing to delay from the part of the
Sri. Ismail or from the part of the officials concerned to report
his assumption of charge, the applicant could be promoted as
Audit Officer only on 2.1.2001. Can the said delay have the
effect of delaying the promotion of the applicant by one year was
the point that was raised for decision before the C.A.T. The
C.A.T. found in favour of the applicant. Hence, this Writ Petition
by the respondent in the Original Application.
4. If a person commences the service on 2.1.2001, he
will complete two years service on 1.1.2003. Further, the delay
from the part of Sri.Ismail or somebody else in reporting about
W.P.(C) No.14730/2006 4
his assumption of charge cannot affect the rights or claims of the
applicant.
In view of the above position, we find no reason to interfere
with the view taken by the C.A.T. A plausible view on the facts of
the case has been taken. Accordingly, the Writ Petition fails and
it is dismissed.
(K.BALAKRISHNAN NAIR, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
ps